MIGRATION ACT 1958 - SECT 76E Rules of natural justice do not apply to decision to grant certain bridging visas
MIGRATION ACT 1958 - SECT 76E
Rules of natural justice do not apply to decision to grant certain bridging visas(1) This section applies in relation to a decision to grant a non - citizen a Subclass 070 (Bridging (Removal Pending)) visa (the first visa ) if:
(a) the first visa is subject to one or more prescribed conditions; and
(b) at the time the first visa is granted, there is no real prospect of the removal of the non - citizen from Australia becoming practicable in the reasonably foreseeable future.
(2) For the avoidance of doubt, the rules of natural justice do not apply to the making of the decision.
(3) As soon as practicable after making the decision, the Minister must:
(a) give the non - citizen, in the way that the Minister considers appropriate in the circumstances:
(i) a written notice that sets out the decision; and
(ii) any other prescribed information; and
(b) invite the person to make representations to the Minister, within the period and in the manner specified by the Minister, as to why the first visa should not be subject to one or more of the conditions prescribed for the purposes of paragraph (1)(a).
(4) The Minister must grant the non - citizen another Subclass 070 (Bridging (Removal Pending)) visa (the second visa ), under a prescribed provision of the regulations, that is not subject to any one or more of the conditions prescribed for the purposes of paragraph (1)(a) if:
(a) the non - citizen makes representations in accordance with the invitation; and
(b) the Minister is satisfied that those conditions are not reasonably necessary for the protection of any part of the Australian community.
Note: If the Minister grants the second visa, the first visa will cease to be in effect, and the visa period for the first visa will end, on the grant of the second visa (see subsections 68(4) and (5)).
(5) The Minister must give the non - citizen written notice of
the decision and the reasons for the decision.