The Migration & Refugee Division of the AAT has issued COVID-19 Special Measures Practice Direction dated 27 April 2020 (“the Direction”) in pursuance of Section 18B of the Administrative Appeals Tribunal Act 1975 (AAT Act) with effect from 29 April 2020 . Vide the Direction, changes have been made to the operations and procedures of AAT’s Migration & Refugee Division including registry and lodgement of documents with signatures, priorities for cases, pre-hearing process, requests for expedited decision, preparing for AAT hearing and use of technology. As per sub-clause 1.3 of the Direction, it “applies to all applications, whether lodged before or after this date, and remains in effect until it is superseded or revoked.” Detailed COVID-19 Special Measures Practice Direction can be accessed here. To see Associated Factsheet released by the AAT, click here.
Bridging Visa E (Class WE) is one of several bridging visas which allows an unlawful non-citizen to remain lawful in Australia when they do not hold a substantive visa under certain circumstances. An unlawful non-citizen is a person who continues to stay in Australia without a valid visa for reasons such as visa expiry, visa cancellation, visa refusal or such other circumstances. There are two subclasses of Bridging Visa E, Bridging E (General) (Subclass 050) and Bridging (Protection Visa Applicant) (Subclass 051). This blog discusses Subclass 050 visa hereinafter referred to as ‘BVE’. BVE is a temporary visa which allows an unlawful non-citizen to remain in Australia temporarily for a specific purpose for following circumstances. Circumstances for BVE Application You voluntarily present yourself as an unlawful non-citizen to the Department. You are located by compliance action team as an unlawful non-citizen. Your visa was refused, including any family members. Your visa was cancelled, including any family members. Your visa refusal or cancellation decision was affirmed by a review authority. Your protection visa was refused previously. Your student visa was cancelled automatically, including any family members. You are in criminal detention. You had your citizenship application refused, including any family members. You are an unauthorised maritime arrival or irregular air arrivals released into the community. The situation has become increasingly alarming in context of ongoing Coronavirus (Covid-19) pandemic which has brought the world to a standstill and directly affecting many temporary visa holders as there are many cases of visa expiry and visa cancellation due to closing down of borders and severe travel restrictions worldwide. The next question is, who is eligible to apply for this visa? Eligible Non-citizens for BVE Applications If you have been immigration cleared; or If you bypassed or were refused immigration clearance on or after 1 September 1994 and have not been granted a substantive visa or entry permit since and have not come to notice within 45 days of entering Australia; or If you last held a student visa that was cancelled and have been refused immigration clearance. Conditions to Apply for BVE You must be in Australia but not in immigration clearance. If you are in immigration detention, the detention review officer must be informed of the application. You have previously NOT held a Bridging Visa E that was cancelled for engaging in criminal conduct or breach of signed code of behaviour imposed by public interest criterion. You have previously NOT held a visa that has been cancelled on a ground of criminal conduct. Please know, there is no visa application charge by the Department for lodging a BVE application. If you continue staying in Australia without a valid substantive visa or a bridging visa, you may face some serious consequences including detention and removal from Australia. Thus, it is advisable to apply for BVE as soon as your visa is expired, or is refused or cancelled by the Department, or you are in any of the above mentioned situations, to maintain your lawful status in Australia. If you do not do so, your status will be considered as unlawful which may affect your ability to be granted a future visa. Lastly, you may be able lodge a valid application for a substantive visa, if you are eligible, at the same time and on the same form as your BVE application. You can also combine your BVE application with applications of your dependents who are members of the family unit. If you are stuck in any such situation or are facing issues of visa expiry, visa cancellation, visa refusal or any other migration related matter, call us on (02) 4626 100 to discuss your situation or Contact Us so that one of our Registered Migration Agents can help you with your BVE application.
Australian Capital Territory (ACT) allows requests for waiver of the ‘continuous employment’ eligibility criteria for 491 / 190 Nominations for impacted applicants under the circumstances of travel ban, mandatory self-isolation requirement, business closures or reduced working hours in response to COVID-19. An applicant who is invited to apply for ACT 491 / 190 nomination may request for a COVID -19 waiver. This request must be made in writing and must be submitted along with supporting documentation as an attachment to the nomination application.
In South Australia, bridging visa holders hit by Section 48 bar will not be nominated for Subclass 491 visa if the application for state-nomination is submitted on or after 21 April 2020. Accordingly, the applicants are advised to submit the nomination application only when they “are able to lodge a valid visa application offshore”. The 491 applicants who are on bridging visa and had a visa refused or cancelled must notify Immigration SA of such refusals or cancellations if they have received invitation to lodge the visa application. Under these circumstances, the applicant is probably hit by Section 48 bar and accordingly is not eligible to lodge their state nominated visa application from Australia. Usually, the applicants would leave Australia to lodge their visa application from outside Australia and then return to Australia. However, due to current travel restrictions during COVID-19 pandemic, it is not possible for applicants who are temporary visa holders to return to Australia for the time being. Thus, they are not eligible to lodge the visa application. For nomination filed before 21 April 2020, Immigration SA will hold such applications until 30 June 2020, however, you must notify Immigration SA if you are unable to travel offshore to lodge a valid visa application.
Invitation date: 21 April 2020 ACT 190 Nomination – Invitations Issued: 171 All Matrix submitted: 95 to 70 points ACT 491 Nomination – No invitations were issued as there are sufficient 491 applications in the queue to meet the May 2020 monthly allocation of 491 nomination places. All matrix expire 6 months after submission date if an invitation is not issued. The next invitation round is scheduled to be held by 08 May 2020.
Tasmanian Government brings relief to 26,000 temporary visa holders who are stuck in the state during COVID-19 (Coronavirus) pandemic. State Premier, Peter Gutwein, has announced AUD $3 million package to support people who demonstrate immediate financial hardship. Temporary visa holders have been recognised to be contributing to the state’s economy and it was “only fair” to offer support to these people in times of need. Visa holders mostly comprise fruit pickers, students and hospitality workers. The relief is expected to roll out in 4 phases: Phase 1: Eligible temporary visa holders may be able to claim relief of AUD $250 for individuals and AUD $1,000 for families. Phase 2: Emergency relief funds to non-governmental organisations (NGOs) that support temporary visa holders. Phase 3: Financial support to assist workers in returning to their home country when practical. Phase 4: Help employers retain workers in the state, if necessary. State Premier, Peter Gutwein said, “It’s important we support these people who’ve been working in our community earning an income and this package will take the steps necessary to do that”.
BMSQ (Business and Skilled Migration Queensland) prioritises to support key migration partners during COVID-19 to maintain strong relationships and ensure that Queensland Queensland’s economic competitiveness in the global markets is primarily driven by migrant investment and business opportunities. Thus, BSMQ representatives have taken initiatives to provide updates to international stakeholders/ partners on the current investment climate in Queensland and the current BSMQ criteria to attract foreign investments through the migration program.
Restrictions for Australians to Leave from Australia During COVID-19 While temporary visa holders may still be able to leave Australia and go back to their home country where practical, the Government has imposed overseas travel restrictions on Australian citizens and permanent residents. Only if your travel falls under any of the below mentioned categories, you may be able to seek a travel exemption from the Commissioner of ABF (Australian Border Force) to be allowed to travel: To respond to the COVID-19 outbreak; To conduct critical industries and business; To receive urgent medical treatment (not available in Australia); To attend urgent and unavoidable personal business; To serve the national interest; For compassionate or humanitarian grounds. You should apply for an exemption at least 48 hours before your intended departure time by filling the online ‘COVID-19 (Novel coronavirus) request to travel form’. Without the exemption, you may not be allowed to travel.
Vide the Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 dated 3 April 2020, the Australian Government has added COVID-19 Pandemic as a new event for the Government Endorsed Event stream under the standard Temporary Activity Visa (Subclass 408) program as the “visa of last resort”. We will be happy to assist clients if they need to apply for this to maintain their lawful status. The Department of Home Affairs has updated the online form for lodging an application for the COVID-19 Pandemic visa and accordingly, visa applicants who are not working in critical sectors will not be required to provide employment details. Only the applicants working in critical sectors must attach evidence of employment in their visa applications. The Department has also released related FAQs for the visa applicants which, interalia, provides that COVID-19 Pandemic visa may be valid for up-to 12 months.
Under normal circumstances, you must lodge an application for a Transit Visa (Subclass 771) to allow you to transit through Australia and stay for up to 72 hours before catching your flight. However, you need not apply for 771 visa if you already hold a valid visa in Australia or are eligible to Transit Without a Visa (TWOV). Eligibility for Subclass 771 Visa You must leave Australia within 72 hours. You must meet health and character requirements You must have adequate health insurance. You must be outside Australia at the time of visa application and at the time of decision on your application . But nothing is normal about this COVID-19 situation! Due to travel restrictions, both international and domestic, in response to Covid-19 the Government requires that all passengers transiting through Australia must also seek a travel restriction exemption from the Commissioner of the ABF (Australian Border Force) to be allowed to do so. The application for such exemption must be made online through the COVID-19 (Novel Coronavirus) enquiry form on the Department’s website. You must fill the form with required details such as purpose of transiting through Australia, intended travel date, arrival and departure flight details, list of countries visited in last 14 days, your personal information and passport details. If you do not seek an exemption, you will not be allowed to transit through Australia. Further, if you are unable to depart from Australia on the same day (8 hours) as your arrival, irrespective of the Commissioner’s exemption, you may have to undergo isolation in the designated facilities of respective States or Territories to meet their isolation requirements. It is then the prerogative of respective States or Territories to consider granting exemption from their mandatory isolation requirements. Exemption for New Zealanders and Pacific Islanders New Zealanders and Pacific Islanders (citizen of a Pacific Island Forum country, Timor Leste citizen or resident of New Caledonia or French Polynesia) transiting through Australia DO NOT need to apply for a transit exemption if: Your transit though Australia is on your way to or from New Zealand or a Pacific Island Forum Country, and Your booked flight is departing from Australia within 72 hours of your arrival, and Your outbound connecting flight is departing from the same state or territory of Australia as your arrival flight. If your connecting flight requires you to be in Australia for more than 72 hours of your arrival, you must also apply for an exemption to the ABF Commissioner. This exemption application must be made online through the Department’s website. Thus, it is in your best interest to transit through Australia on the same day, holding a valid visa and a travel restriction exemption, wherever required. Also know that there is no visa application charge for lodging a 771 visa application. If you are seeking assistance to transit through Australia or need help in applying for travel restriction exemption, Contact Us today or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you with your situation.