Migration Act 1958

This section applies in relation to a decision to grant a non‑citizen a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) if the first visa is subject to one or more prescribed conditions.

To avoid doubt, the rules of natural justice do not apply to the making of the decision.

As soon as practicable after making the decision, the Minister must:

give the non‑citizen, in the way that the Minister considers appropriate in the circumstances:

a written notice that sets out the decision; and

any other prescribed information; and

invite the person to make representations to the Minister, within the period and in the manner specified by the Minister, as to why the first visa should not be subject to one or more of the conditions prescribed for the purposes of subsection (1).

The Minister must grant the non‑citizen another Subclass 070 (Bridging (Removal Pending)) visa (the second visa), under a prescribed provision of the regulations, that is not subject to any one or more of the conditions prescribed for the purposes of subsection (1) if:

the non‑citizen makes representations in accordance with the invitation; and

either:

the Minister is not satisfied, on the balance of probabilities, that the non‑citizen poses a substantial risk of seriously harming any part of the Australian community by committing a serious offence; or

if the Minister is satisfied, on the balance of probabilities, that the non‑citizen poses the substantial risk mentioned in subparagraph (i)—the Minister is not satisfied, on the balance of probabilities, that the imposition of that condition, or those conditions, is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting any part of the Australian community from serious harm by addressing that substantial risk.

If the Minister grants the second visa, the first visa will cease to be in effect, and the visa period for the first visa will end, on the grant of the second visa (see subsections 68(4) and (5)).

In determining whether to grant a visa in accordance with subsection (4), the Minister must decide whether to impose each condition prescribed for the purposes of subsection (1) in the same order as required by the regulations.

The Minister must give the non‑citizen written notice of the decision and the reasons for the decision.

To avoid doubt, nothing in this section prevents the grant, from time to time, of a Subclass 070 (Bridging (Removal Pending)) visa to the non‑citizen.

In this section: