1804530 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by an unlawful non-citizen from Bangladesh. The applicant sought to satisfy the criteria for a Subclass 050 Bridging (General) visa. The delegate had affirmed the decision not to grant the visa.

The primary legal issue before the court was whether the applicant met the requirements of clause 050.211 of Schedule 2 to the Migration Regulations 1994. Specifically, the court had to determine if the applicant satisfied both subclauses (1) and (2) of clause 050.211, and continued to satisfy this criterion at the time of the decision as per clause 050.221. Clause 050.211(1) required the applicant to be an unlawful non-citizen, or the holder of a Bridging E visa or a Subclass 041 visa at the time of application. Clause 050.211(2) required that the applicant was not an eligible non-citizen of the kind set out in regulation 2.20(7), (8), (9), (10), (11) or (17).

The court found that the applicant met clause 050.211(1) as they were an unlawful non-citizen at the time of application. However, the court determined that the applicant did not meet clause 050.211(2). Regulation 2.20 outlines various categories of "eligible non-citizens," including those who have been refused or bypassed immigration clearance and applied for a protection visa, or those who meet specific criteria related to age, health, family relationships, or the practicability of removal. The applicant's circumstances did not fall within any of these defined categories of eligible non-citizens. The court also noted that the application was also considered as an application for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, and the applicant was not a relevant eligible non-citizen under clause 051.211 of Schedule 2 to the Regulations.

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