Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p21
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 21/80)
Character Range: 1254339–1257035

the applicant:
 (A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
 (B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i);
  and the applicant or family unit member does not satisfy the criterion in paragraph 010.211(6)(c) for the grant of a Bridging A (Class WA) visa; and
 (d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.
050.22—Criteria to be satisfied at time of decision

050.221
  The applicant continues to satisfy the criteria set out in clauses 050.211 and 050.212.

050.222
 (1) Unless subclause (2), (3), (4) or (5) applies, the applicant has been interviewed by an officer who is authorised by the Secretary for the purposes of this clause.
 (2) This subclause applies if:
 (a) the applicant is not in immigration detention; and
 (b) the applicant has made a valid application for a substantive visa; and
 (c) the applicant holds a Bridging E (Class WE) visa; and
 (d) the applicant is not seeking to be granted a further Bridging E (Class WE) visa that is subject to conditions other than those that apply to the Bridging E (Class WE) visa that the applicant currently holds.
 (3) This subclause applies if:
 (a) an officer who is authorised by the Secretary for the purposes of this clause was not available to interview the applicant:
 (i) at the time of application; or
 (ii) if the bridging visa could be granted under regulation 2.21B, at the time of decision; and
 (b) the applicant is not in immigration detention; and
 (c) the applicant has made a valid application for a substantive visa; and
 (d) the applicant has previously held, but does not currently hold, a Bridging E (Class WE) visa.
Note: For subclauses (2) and (3)—in certain circumstances, a Bridging E (Class WE) visa may also be taken to have been granted without application to a non‑citizen who is in immigration detention. See the Act, s 73. In addition the Minister may grant a Bridging E (Class WE) visa to non‑citizens who are in criminal detention or are unwilling or unable to make a valid application: see r 2.25.
 (4) This subclause applies if the applicant is a person:
 (a) to whom subclause 050.212(4AAA) applies; or
 (b) to whom subclause 050.212(4AB) continues to apply.
 (5) This subclause applies if an officer who is authorised by the Secretary for the purposes of this clause has decided that it is not necessary to interview the applicant.

050.223
  The Minister is satisfied that, if a bridging visa is granted to the applicant, the applicant will abide