Ministerial Submissions MS23-002238 Possible Consideration Under Subsection 46a(2), 46b(2) And 33(2)(b)(i) Of The Migration Act 1958 To Regularise The Immigration Status For Unlawful Unauthorised…

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Two ministerial submissions from Home Affairs (signed September 2023 and March 2024) address regularizing immigration status for unlawful Unauthorised Maritime Arrivals (UMAs) in the community. The submissions propose ministerial intervention under Migration Act sections 46A(2), 46B(2), and 33(2)(b)(i) to enable UMAs to lodge Bridging E visa (subclass 050) applications. Three pathways are recommended: lifting statutory bars under sections 46A and 46B to allow direct BVE applications for persons listed in Attachments A and B, or granting Special Purpose Visas under section 33(2)(b)(i) for UMAs in Attachment C to achieve eligible non-citizen status under section 72, thereby enabling BVE eligibility. The September 2023 submission established the principle that all UMAs in the community should regular