Amendments to the Migration Regulations 1994 relating to eligible non-citizens

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Amendments to the Migration Regulations 1994 relating to eligible non-citizens
Commencement: 1 July 2011
Client summary
From 1 July 2011 the Migration Regulations 1994 (the Regulations) are amended to prescribe a new class of eligible non-citizen for the purposes of paragraph 72(1)(b) of the Migration Act 1958 (the Act). A person will be an eligible non-citizen if the person:

held an enforcement visa that has ceased to be in effect; and
is an unlawful non-citizen; and
is in criminal detention as defined in regulation 1.09 of the Regulations.
The amendment ensures that unlawful non-citizens who meet the above criteria are eligible non-citizens and consequently eligible for the grant of a Bridging (Class WE) visa under regulation 2.25 of the Regulations without making an application.

This amendment is consequential to the 2008 amendment to the Act made by the Migration Legislation Amendment Act (No. 1) 2008, to ensure that the grant of a Bridging (Class WE) visa did not prevent former holders of enforcement visas, such as illegal foreign fishers, being removed from Australia.

Affected legislation
The following provisions of the Regulations are amended:

Part 2, subregulation 2.20(1), is amended
Part 2, subregulation 2.20(16), is inserted
Additional information
Nil.

Transitional provisions
Nil.

Forms
Nil.

Instructions
PAM3 will be amended to reflect these amendments.