The Australian Government has implemented the Migration Amendment (Cessation and Grant of Bridging Visas) Regulations 2024, effective 7 December 2024, introducing changes to enhance the management of non-citizens associated with the proliferation of Weapons of Mass Destruction (WMD). These measures align with Australia’s international security commitments.

Key Changes

1. Cessation and Replacement of Bridging Visas

• Bridging visas held by non-citizens subject to a WMD determination will cease immediately upon refusal of a substantive visa.
• A Subclass 050 (Bridging (General)) Visa will automatically be granted, with conditions restricting work (8103) and study (8207), to ensure lawful status is maintained.

2. Limitations on Future Bridging Visa Applications

• Non-citizens identified under a WMD determination will be restricted from applying for Subclass 010 (Bridging A), Subclass 020 (Bridging B), or Subclass 030 (Bridging C) visas unless the Foreign Minister determines that they no longer pose a risk.

3. Work and Study Restrictions

• Work and study rights are limited to mitigate risks of proliferation-related activities while awaiting judicial or merits review of substantive visa refusals.

Safeguards and Proportionality

• Individuals may apply for bridging visas without restrictions if a WMD determination is overturned.
• These measures are targeted to specific risks, ensuring they are both proportionate and necessary to uphold Australia’s international obligations.

Implications

This amendment underscores Australia’s commitment to global security through robust migration policies, ensuring that bridging visa processes are aligned with international non-proliferation objectives. At the same time, these changes provide safeguards to maintain fairness and compliance within the migration framework.

This development reflects the Government’s ongoing dedication to upholding national security while maintaining lawful pathways for non-citizens.

Source: Migration-Amendment-Cessation-and-Grant-of-Bridging-visas-regulations-2024.pdf and

Migration-Amendment-Cessation-and-Grant-of-Bridging-visas-regulations-2024-explanatory-statement.pdf