1801480 (Migration)

The Administrative Appeals Tribunal considered the case of an applicant, a citizen of Nigeria, who sought review of a decision not to grant him a Bridging E (Class WE) visa. The applicant had arrived in Australia in January 2017 on a Student visa, which was subject to conditions including maintaining enrolment in a registered course of study. He ceased studying within eight weeks of arrival and subsequently applied for a Protection visa, which resulted in the grant of a Bridging visa A with no imposed conditions.

The primary legal issue before the Tribunal was whether the applicant would abide by any conditions that might be imposed on a Bridging E visa, as required by clause 050.223 of the Migration Regulations 1994. This clause necessitates satisfaction that the applicant will comply with visa conditions, with the Tribunal considering the applicant's likely conduct, including past immigration history, breaches of immigration laws, the wilfulness of those breaches, any mitigating circumstances, and evidence of contrition. The Tribunal also considered whether the applicant met the eligibility criteria for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, finding he did not qualify as a relevant eligible non-citizen.

The Tribunal's reasoning focused on the applicant's immigration history, which demonstrated a breach of his Student visa conditions by ceasing his studies. He failed to respond to a Notice of Intention to Consider Cancellation regarding his Student visa, which was subsequently cancelled. Following this, his Bridging visa A ceased, rendering him an unlawful non-citizen. The Tribunal concluded that, given this history, it was not satisfied that the applicant would abide by any conditions imposed on a Bridging E visa, irrespective of any security that might be required.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa.