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Immigration Detention - Visa Notification Steps to Follow

This procedure took effect 1 December 2007.

A detention review officer (DRO) is an Immigration officer appointed by the Secretary in the relevant State or Territory who must be 'notified' of a Bridging E visa (BVE) application made by a person in immigration detention for the application to be valid.

DROs may be Compliance officers delegated to grant a BVE.

Regulation 2.10A of the Migration Regulations provides that for an application for a BVE made by a non-citizen in immigration detention to be valid, the person lodging the application (whether or not the person is the applicant) must inform the DRO in the State or Territory where the applicant is detained of the making of the application.

A decision on that Bridging Visa application must then be made within two working days of the DRO being informed of the application. The authority for the ‚''two working day clock‚'' is at s75 and regulation 2.24.

A valid BVE application must be decided within two working days if the applicant:

• is in detention and
• has been immigration cleared or
• is an eligible non-citizen referred to in regulation 2.20(6).
  
  

If no decision is made within the two working day period, the applicant is taken to have been granted a BVE at the end of that period, see s75 of the Act.

Therefore, once an application for a BVE is received, it needs to be brought to the attention of a DRO urgently.

An immigration must ensure that all BVE applications lodged by, or on behalf of applicants in detention are forwarded to a DRO in the State/Territory in which the applicant is detained, as soon as possible.

This will mean that the DRO has been informed of the BVE application and will render the application valid. The two working day clock will then commence on the next working day.

The DRO is to be the officer responsible for ensuring that a decision is made on that BVE application.

The DRO may refer the decision regarding the BVE application to another officer, (ie the officer who initiated detention) or the client case manager.