1800321 (Migration)

This matter concerned an application for a Subclass 050 (Bridging (General)) visa. The applicant had previously been granted a Bridging E visa in association with a Partner visa application. However, this Partner visa application was refused, and subsequently, the applicant's Bridging E visa was cancelled on character grounds following a criminal conviction and imprisonment. The applicant then became an unlawful non-citizen. The applicant sought review of the decision to refuse the Bridging E visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 050 (Bridging (General)) visa, specifically clause 050.212 of the Migration Regulations 1994, at the time of the decision. The Tribunal was required to consider both the criteria applicable at the time of application and at the time of the decision. Additionally, the Tribunal considered whether to refer the matter for ministerial intervention under section 351 of the Migration Act 1958, based on submissions that the applicant had compelling reasons to remain in Australia and the paramount interests of his young child.

The Tribunal found that while the applicant met certain criteria at the time of his application, he did not meet the relevant criteria at the time of the decision. Specifically, the Tribunal was not satisfied that the applicant was making or was the subject of acceptable arrangements to depart Australia, and he did not meet any of the alternative criteria set out in clause 050.212. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the Bridging visa. The Tribunal also noted the submissions for ministerial intervention, which highlighted the applicant's past successful applications for visa condition waivers and revocations of visa cancellations, as well as the impact of his separation from his child.

The Tribunal affirmed the decision not to grant the Bridging E visa. However, in light of the submissions concerning compelling and compassionate circumstances, the Tribunal referred the matter to the Minister for consideration of intervention under section 351 of the Migration Act 1958.