Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p33
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 33/34)
Character Range: 350948–353899

substantive visa
 (1) Subject to subregulation (2), a non‑citizen is taken to have applied for a Bridging D (Class WD) visa if:
 (a) the non‑citizen is in Australia but is not in immigration or criminal detention; and
 (b) he or she applies for a substantive visa of a class that may be granted in Australia; and
 (c) the application:
 (i) is given to the Minister in a way other than by personal attendance at an office of Immigration; and
 (ii) is invalid as an application for a substantive visa of that class; and
 (d) the invalidity of the application is not by reason of its purporting to have been made contrary to section 48 or 48A of the Act (whether or not the Minister has made a determination under subsection 48B(1) of the Act in relation to the application or action has been taken by any person to seek the making of such a determination).
 (2) A reference in subregulation (1) to an application does not include the following:
 (a) an oral application, or an oral communication that purports to be an oral application;
 (b) an Internet application, or an electronic communication that purports to be an Internet application.

2.23  Further application for bridging visa (Act, s 74)
  For the purposes of subsection 74(2) of the Act (which deals with a further application for a bridging visa), the prescribed circumstances are that the Minister is satisfied that, although the non‑citizen has not made a further application for a Bridging E (Class WE) visa after being refused a visa of that class, the non‑citizen now satisfies the criteria for the grant of a visa of that class.

2.24  Eligible non‑citizen in immigration detention
 (1) For paragraph 75(1)(a) of the Act (which deals with the class of bridging visa that may be granted to a non‑citizen in immigration detention), the prescribed classes of bridging visa are:
 (a) Bridging E (Class WE) visa; and
 (b) Bridging F (Class WF) visa.
 (2) For a Bridging E (Class WE) visa:
 (a) if the applicant is an eligible non‑citizen of the kind mentioned in subregulation 2.20(7), (8), (9), (10) or (11), the subclass to be granted is a Subclass 051 Bridging (Protection Visa Applicant) visa; and
 (b) if paragraph (a) does not apply, the subclass to be granted is a Subclass 050 Bridging (General) visa.
 (3) For paragraph 75(1)(b) of the Act (which deals with the time in which the Minister must make a decision on a bridging visa application), if the application is for a Bridging E (Class WE) visa, each item in the table sets out a period for the circumstances mentioned in the item.

Item  Circumstances                                                                                                                                                                                                                                                                                                                                                                                Period