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The Migration Act 1958 requires that an unlawful non‑citizen be detained. Bridging visas are temporary visas that provide non‑citizens with lawful status and prevent them from being detained while they have business with the department or the Courts regarding a departmental matter.

For example, a bridging visa may be in effect while a non‑citizen awaits a decision on an application for a substantive visa. A non‑citizen may hold multiple bridging visas although only one will be in effect at any given time.

In general, non‑citizens covered by Bridging visas are people who have made (or plan to make) an application in Australia for a substantive visa which can be granted while they are here, and the application has not been decided, have applied for an automatic student visa cancellation to be revoked, are seeking review of a decision made on their substantive visa application through an administrative review body (such as the Migration Review Tribunal, the Refugee Review Tribunal or the Administrative Appeals Tribunal), have made an application to the courts to review their visa, are seeking intervention from the Minister to substitute a more favourable decision to that of the Tribunal, are in criminal detention, are making, or are the subject of, arrangements to leave Australia.

The conditions attached to a bridging visa may vary according to any substantive visa applied for, as well as the applicant’s immigration status and personal circumstances at time of application.

We can assist with disputes and litigation matters relating to General Visas & Special Visas. Contact our team of litigation lawyers, if such assistance is required. Please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au.

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