Migration Regulations 1994

The applicant meets the requirements of subclause (2), (2A), (3) or (5).

An applicant meets the requirements of this subclause if:

the applicant is not the holder of a substantive visa; and

the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

either:

the bridging visa can be granted in respect of that application under regulation 2.21B; or

that application was made at the same time, and on the same form, as the bridging visa application; and

that application has not been finally determined.

An applicant meets the requirements of this subclause if:

he or she is not the holder of a substantive visa; and

the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

that application has not been finally determined; and

he or she has previously been granted a Bridging C (Class WC) visa in respect of that application.

An applicant meets the requirements of this subclause if:

the applicant holds a Bridging C (Class WC) visa that:

was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted to an applicant who was in Australia; and

is subject to condition 8101; and

the Minister is satisfied that the applicant has a compelling need to work.

An applicant meets the requirements of this subclause if:

the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

that application was refused; and

either:

the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or

the applicant:

is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and

at the time of that application, he or she held a Bridging C (Class WC) visa; and

the judicial review proceedings (including proceedings on appeal, if any) are not completed.