1802648 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by an applicant who had become an unlawful non-citizen after his protection visa application was refused and his subsequent appeal to the Refugee Review Tribunal was affirmed. The applicant claimed he was making acceptable arrangements to depart Australia, as required by clause 050.212(2) of the Migration Regulations 1994. The delegate refused the application, finding that the applicant's claims were fabricated and that his primary intention was to remain in Australia to work, not to depart. The Tribunal, constituted by Denise Connolly, was required to determine whether the applicant met the criteria for the grant of the Bridging E visa.

The primary legal issue before the Tribunal was whether the applicant had demonstrated that he was making acceptable arrangements to depart Australia, thereby satisfying clause 050.212(2) of the Migration Regulations. This involved assessing the applicant's credibility, his stated intentions, and the evidence provided to support his claim of preparing for departure. A secondary issue arose concerning an application for a Bridging (Protection Visa Applicant) visa (Subclass 051), where the applicant did not meet the eligibility criteria.

The Tribunal affirmed the delegate's decision, finding that the applicant had not satisfied the requirements of clause 050.212(2). The Tribunal noted inconsistencies in the applicant's statements regarding his intentions and relationships, and the lack of concrete evidence of arrangements to depart, such as purchased tickets or bookings. The Tribunal concluded that the applicant's application for the Bridging E visa appeared to be an attempt to be released from detention rather than a genuine intention to leave Australia. Furthermore, the Tribunal found that even if the applicant had met the departure arrangements criterion, he would not have been satisfied that he would comply with the conditions of a Bridging E visa, given his history of working unlawfully and his failure to regularise his status or depart since becoming unlawful. The Tribunal also found that the applicant was not an eligible non-citizen for a Bridging (Protection Visa Applicant) visa.