1802328 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa, Subclass 050, before the Administrative Appeals Tribunal. The applicant sought the visa on the basis that he intended to apply for a substantive visa, or alternatively, that he was making acceptable arrangements to depart Australia.

The Tribunal was required to determine whether the applicant met the criteria for the grant of a Bridging E visa, specifically whether he intended to apply for a substantive visa and had made acceptable arrangements to depart Australia. The applicant's representative had indicated that an application to waive the 'no further stay' condition on his visitor visa had been lodged to enable an onshore Partner visa application. However, the delegate's records suggested this waiver application was refused, preventing an onshore Partner visa application. The representative also asserted that the applicant intended to depart Australia and lodge an offshore Partner visa application, but noted he lacked a valid travel document and his passport had expired.

The Tribunal found that the applicant did not meet the requirements for the Bridging E visa. While the applicant's representative stated an intention to apply for a substantive visa, the refusal of the waiver for the 'no further stay' condition meant an onshore Partner visa application was not possible. Furthermore, the Tribunal was not satisfied that the applicant was making acceptable arrangements to depart Australia, given the lack of a valid travel document and the expired passport. The Tribunal also noted that the applicant did not meet the criteria for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.

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