Bridging Visa R (Removal Pending) (BVR) | Stricter Conditions After Amendments
As stated in our previous article on the changes of Bridging Visa R, the Australian government passed the Migration Amendment (Bridging Visa Conditions) Regulations 2024, introducing a new regime for holders of the Subclass 070 (Bridging (Removal Pending)) Visa. This amendment establishes strict conditions for these visa holders and imposes severe penalties for breaches.
Why is there an amendment For Subclass 070 Visa?
The amendment follows the High Court's decision in NZYQ v Minister for Immigration, which deemed indefinite immigration detention unlawful under the Migration Act 1958. This ruling resulted in releasing 64 detainees, many of whom had their visas cancelled on character grounds. The government responded with measures to ensure strict monitoring of these individuals in the community.
What are the New Conditions for Bridging Visa R (Removal Pending)?
The amendment introduces 10 mandatory conditions for holders of the Bridging Visa R, including:
Notify the Department of the details of any person residing with the visa holder.
Obtain Ministerial approval before engaging in work or activities involving minors or vulnerable persons.
Notify the Department of any interstate or overseas travel.
Notify the Department of membership or association with any organization.
Inform the Department of contact with individuals or groups involved in illegal activities.
Notify the Department of any receipt or transfer exceeding $10,000.
Provide evidence of financial circumstances upon request within seven days.
Prohibit working with minors or vulnerable persons if convicted of relevant offences.
Prohibit contact with victims or their families if convicted of violent or sexual offences.
Additional conditions, unless the Minister is satisfied, the individual does not pose a risk to the community:
Remain at the notified address between 10 PM and 6 AM (or specified times).
Wear a monitoring device at all times and comply with related requirements.
What are the new Offences and Penalties under the Amendments?
The amendment establishes 3 criminal offences related to breaches of visa conditions:
Monitoring Conditions: Failure to comply with monitoring requirements can result in a maximum penalty of 5 years imprisonment or a fine of 300 penalty units, or both.
Remaining at Notified Address: Non-compliance with address restrictions without a reasonable excuse is punishable similarly.
Monitoring Device Compliance: Failure to wear a monitoring device or ensure its proper functioning can also result in the same penalties.
Mandatory Minimum Sentence
Individuals found guilty of any of these offences must receive a minimum sentence of 1 year imprisonment. The government has indicated that adjustments to the legislation may be necessary following the High Court's publication of the reasons for its decision in the NZYQ case.
How Can Agape Henry Crux Help
Individuals affected by this change should 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.
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