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Submission
Australian Government
For decision
Department of Home Affairs
PDMS Ref. Number: MS24-000466
Date of Clearance: 21/3/2024
To
Minister for Immigration, Citizenship, Migrant Services and Multicultural
Affairs
Subject
Migration (Minister) (NZYQ Bridging R Visas-Grant Without Application)
Delegation 2024 (ADMIN 24/039) and Related Matters
Timing
For consideration as soon as possible to give effect to the proposed delegation of
certain powers to senior ABF personnel to grant BVRs to NZYQ-affected non-citizens.
Recommendations
That you:
1. sign, date and record the time of signing on the proposed
�lease discuss
Migration {Minister) (NZYQ Bridging R Visas-Grant Without
Application) Delegation 2024 at Attachment A.
Minister for Immigration, Citizenship, Migrant Services and
Multicultural Affairs
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Key Issues
1. On 8 December 2023, you signed the
Migration {Minister) (NZYQ Bridging R Visas-Grant Without
Application) Delegation 2023 !the 2023 instrument), included at
Attachment B for reference. This
instrument delegated the Minister's power to grant a Bridging !Removal Pending) visa (BVR),
without application, under regulations 2.25AA and 2.25AB of the Migration Regulations 1994 to the
ABF Commissioner and Deputy Commissioners (Senior Executive Band 3 equivalent).
2. It is now proposed to expand this delegation to the occupants of positions in the ABF at the Senior
Executive Band 2 equivalent (ie. Assistant Commissioner or First Assistant Secretary), to expand the
number of available delegates at appropriately senior levels in the ABF for the purposes of
considering BVR grants under these regulations.
3. If you sign the proposed delegation instrument at
Attachment A. the 2023 instrument will be
revoked and replaced with the
Migration {Minister) (NZYQ Bridging R Visas-Grant Without
Application) Delegation 2024 (the 2024 instrument). The 2024 instrument delegates the same
powers as those in the 2023 instrument.
4. As with the 2023 instrument, the proposed instrument at
Attachment A, for your consideration and
signature, would delegate the Minister's powers under the following regulations to the ABF
Commissioner, ABF Deputy Commissioners (SES Band 3), and Assistant Commissioners and First
Assistant Secretaries in the ABF:
• subregulation 2.25AA(2): the power to grant a BVR without application to an unlawful non
citizen, where:
- section 195A of the Migration Act is not available to the Minister to grant a visa to the
non-citizen; and
- the Minister is satisfied that, at the time of decision, the eligible non-citizen's removal
from Australia is not reasonably practicable.
• subregulation 2.25AB(2l: the power to grant a
further (replacement) BVR without applicati n t�
a non-citizen who holds a BVR and where there is no real prospect of the removal of the
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non-citizen from Australia becoming practicable in the reasonably foreseeable future (an N
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affected non-citizen).
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Consultation - internal/external
6. Internal: Compliance & Community Protection Policy Branch; Australian Border Force; Group
Manager, Legal.
7. External: Nil. AGS provided advice on the 2023 instrument; aside from the inclusion of SES Band 2
employees in the ABF, the 2024 instrument is substantively the same.
Consultation - Secretary/ A/g Dep Sec Immigration/ ABF Commissioner
8.
SECRETARY -The Secretary was not consulted on this submission.
9.
A/g DEPUTY SECRETARY IMMIGRATION - The A/g Deputy Secretary Immigration was not consulted
on the approach in the submission.
10.
ABF COMMISSIONER- The A/g Commissioner was consulted on the approach to the delegation
instrument at
Attachment C.
Client service implications
11. This submission has no direct client service implications.
Risks and Sensitivities
12. The information contained in this submission is classified and should not be publicly released
without the authority of the Department of Home Affairs. In accordance with our long-standing
practices, should you wish for unclassified media lines to be prepared in relation to this issue please
contact the Home Affairs Media Coordination team - xxxxx@xxxxxxxxxxx.xxx.xx.
Financial/systems/legal/deregulation/media implications
13. There are no direct financial or systems implications associated with this submission. Legal
considerations are described above.
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Attachments
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Attachment A Migration (Minister) {NZYQ Bridging R Visas-Grant Without Application)
Delegation 2024 (ADMIN 24/039)
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Attachment B Migration {Minister) (NZYQ Bridging R Visas-Grant Without Application}
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Delegation 2023 {ADMIN 23/190}
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Authorising Officer
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Cleared by:
Kevin Cunnington
AS Legislation
Legal Group
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Date: 21/3/2024
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Contact Officer Kevin Cunnington, AS Legislation, M
CC
Minister for Home Affairs, Minister for Cyber Security
Secretary
A/g OS Immigration
DS Chief Operating Officer
DS Executive
Group Manager Legal
First Assistant Secretary Immigration Compliance
Assistant Secretary Security Disputes and Operations Law
ABF Commissioner
Deputy Commissioner Regional Operations
Assistant Commissioner South
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