Migration Regulations 1994

For the purposes of subsection 46(3) of the Act, the following criteria must be satisfied for an application for a visa of the class of visas specified by subregulation (2) to be a valid application:

the person in respect of whom the application is made does not hold a Bridging R (Class WR) visa at the time of application;

the person in respect of whom the application is made is not, at the time of application, an unlawful non‑citizen:

whose most recently held visa was a Bridging R (Class WR) visa; and

who has been, or is taken to have been, continuously in the migration zone since that visa ceased to be in effect.

For the purposes of subregulation (1), this subregulation specifies:

all prescribed classes of visa; and

to the extent a visa is not covered by paragraph (a)—a visa mentioned in subsection 31(2) of the Act for which an application may be made;

a protection visa;

a Bridging R (Class WR) visa.

For paragraph (2)(a), subsection 31(1) of the Act provides that there are to be prescribed classes of visas, and subregulation 2.01(1) of these regulations prescribes those classes of visas.

A person may be prevented from applying for a protection visa because of section 48A of the Act.