Factsheet: The impact of bridging visas restrictions on human rights
- Download PDF
or Word 
1. What is a bridging visa?
A bridging visa is a temporary visa granted to people who are in the process of applying for a longer-term visa or making arrangements to leave Australia. Bridging visas are granted for many purposes, including to asylum seekers who are seeking refugee status in Australia. The bridging visa enables people to reside legally in the community while they are applying for a permanent visa, appealing a decision related to their application, or waiting to depart Australia.
2. What conditions and restrictions apply to bridging visas?
There are several different subclasses of bridging visas which are granted to people depending on their circumstances. Bridging visas also come with various conditions and restrictions, depending on the class of the visa and the circumstances of the visa holder.
These conditions and restrictions may relate to:
- Permission to Work: Bridging visas may be subject to work restrictions, which prohibit the visa holder from working in Australia. This also means they are unable to do voluntary work or study. In cases of severe financial hardship, a visa holder may seek permission to work.
- Social security: Bridging visa holders cannot access social security benefits.
- Health care: Bridging visa holders who are not allowed to work are also ineligible for healthcare entitlements under Medicare and the Pharmaceutical Benefits Scheme.
Some visa holders may be entitled to access financial and medical assistance through the Asylum Seeker Assistance Scheme (ASAS), administered by the Red Cross. However, many asylum seekers do not meet the eligibility criteria. Some states also provide healthcare entitlements to asylum seekers.
Bridging visas with these restrictions are commonly granted to asylum seekers who:
- come to Australia under a valid visa and wish to apply for a Permanent Protection visa, but do not lodge their application within 45 days of arriving in Australia
- are released from immigration detention for reasons such as health or age
- appeal a decision of the Refugee Review Tribunal
- request a Ministerial intervention.
3. How do bridging visas affect the lives of asylum seekers?
As a result of these restrictions, many asylum seekers and refugees may face poverty and homelessness. Without the ability to support themselves through work or social security, they are entirely dependent on community services for their basic subsistence. The restrictions on volunteer work and study also mean that many people are unable to engage in any constructive or meaningful activity. Research has also shown that these conditions can have negative effects on the physical and social well-being of asylum seekers, including anxiety, depression, mental health issues and family breakdown.[1]
Allowing asylum seekers to work and support themselves would enable them to be better prepared, both financially and psychologically, for the outcomes of their cases. It may also be economically beneficial to Australia as a large number of asylum seekers have skills that are in high demand.[2]
The lack of access to adequate healthcare is also concerning since many asylum-seekers have elevated medical needs due to experiences prior to arriving in Australia, such as conflict and trauma.
4. What are the human rights implications of bridging visas?
The conditions and restrictions placed on bridging visa holders can impact significantly on their ability to exercise basic human rights. These rights include the right to work, the right to social security, the right to an adequate standard of living and the right to the highest attainable standard of health.
Australia has obligations under several international instruments to ensure that the human rights of asylum seekers are protected, including the International Covenant on Economic, Cultural and Social Rights (ICESCR) and the Convention on the Rights of the Child (CRC). As a signatory to both these Conventions, Australia is required to take concrete and targeted steps to promote and protect the human rights of all people in Australia, including asylum seekers.
[1] Network of Asylum Seeker
Agencies Victoria, Seeking Safety, Not Charity: A report in support of
work-rights for asylum-seekers living in the community on Bridging Visa E,
2005, available at http://safetynotcharity.victas.uca.org.au/downloads/Nasavic_BVE_Report_Final.pdf [9 June 2008].
[2] Asylum Seeker
Resource Centre, Right to Work Campaign, Briefing Paper, 2005, available at http://safetynotcharity.victas.uca.org.au/downloads/Briefing_Paper.pdf [9 June 2008].
Created: June, 2008.
Last updated: July 10, 2008 .
