Commonwealth of Australia

Migration Regulations 1994

Migration Act 1958

CLASSES OF PERSONS

(PARAGRAPHS 050.613A(1)(b) and 051.611A(1)(c))

I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under paragraphs 050.613A(1)(b) and 051.611A(1)(c) in Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):

1.                  REVOKE Instrument IMMI 11/078 signed on 27 March 2012 specifying classes of persons under paragraphs 050.613A(1)(b) and 051.611A(1)(c) of the Regulations.

2.         SPECIFY as a class of persons, for the purposes of paragraphs 050.613A(1)(b) and 051.611A(1)(c) of the Regulations, any person granted a Bridging E (Class WE) visa (subclasses 050 or 051) under section 195A of the Migration Act 1958 (‘the Act’), (other than offshore entry persons granted a Bridging E (Class WE) visa (subclasses 050 or 051) under section 195A of the Act who enter Australia on or after 13 August 2012).

This Instrument, IMMI 12/114, commences on the day after registration on the Federal Register of Legislative Instruments.

Dated 20 November 2012

CHRIS BOWEN

Minister for Immigration and Citizenship

[NOTE 1:        Paragraph 050.613A of the Regulations provides that Condition 8101 applies in the case of a visa granted to an applicant (whether or not the applicant is an applicant to which any other clause to which Division 050.6 applies, other than clause 050.613) who applies for a Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999 or a Protection (Class XA) visa on or after 20 October 1999 and is not in a class of persons specified in an instrument in writing for the purposes of paragraph 050.613.

NOTE 2:         Paragraph 051.611A of the Regulations provides that Condition 8101 applies in the case of a visa granted to an applicant (whether or not the applicant is an applicant to which any other clause to which Division 051.6 applies) who applies for a Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999 or a Protection (Class XA) visa on or after 20 October 1999 and has been in Australia for a period of 45 days or more, or for periods totalling 45 days or more, (not including any day for part of which the applicant was not in Australia) in the 12 months immediately before the date of that application; and is not within a class of persons specified by Gazette Notice for the purpose of paragraph 051.611A.

NOTE 3:         Section 195A of the Act provides that the Minister may grant a detainee a visa (whether or not on application).