Migration Amendment for Bridging Visa R (Removal Pending) (BVR) Conditions
The Migration Amendment (Bridging Visa Conditions) Regulations 2024 significantly modify the management of high-risk individuals on Bridging Visas (Subclass 070) (Removal Pending) who are unable to be removed from Australia. This regulation addresses the High Court's YBFZ ruling and is designed to enhance community safety by introducing a new "community protection test."
What are the changes for BVR (Removal Pending)?
The amendment is articulated in clause 070.612A of the Migration Regulations 1994. It mandates that the Minister impose specific visa conditions—namely, condition 8621 (electronic monitoring), condition 8617 (financial circumstances reporting), condition 8618 (debt or bankruptcy reporting), and condition 8620 (curfew)—when granting a Subclass 070 (Bridging (Removal Pending)) visa (BVR). This requirement is applicable only if the Minister is convinced, based on the balance of probabilities, that the BVR holder presents a substantial risk of significantly harming any segment of the Australian community by engaging in a serious offence, as defined in 070.111, under any Australian law. Furthermore, it is essential that the Minister finds the imposition of these conditions to be reasonably necessary and suitable for the purpose of safeguarding any part of the Australian community from serious harm by mitigating this significant risk.
Under this amendment, the Minister is required to evaluate whether the individual poses a "substantial risk" to the Australian community before implementing restrictive measures like curfews or electronic monitoring. This places a significant obligation on the Minister to clearly demonstrate the risk factors that justify these conditions.
The amendment aims to balance community safety with legal compliance, but concerns persist about whether these measures will effectively achieve their goals without leading to additional legal challenges.
How Can Agape Henry Crux Help
If you seek professional visa guidance, our Accredited Specialist Immigration Lawyer(s) and our immigration lawyers and migration agents at Agape Henry Crux specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.