1812514 (Migration)

The applicant, Mr [A], sought review of a decision not to grant him a Bridging E (Class WE) visa. Mr [A] was an unlawful non-citizen in Australia, having been in that status since June 2012 following the cancellation of his Student Dependent visa due to a relationship breakdown. He had also been arrested and charged with criminal offences, and was currently in immigration detention. The Tribunal was required to determine whether Mr [A] would comply with the conditions that could be imposed on a Bridging E visa, specifically concerning work, study, reporting, and notification of address changes.

The central legal issue before the Tribunal was whether it was satisfied, pursuant to clause 050.223 of the Migration Regulations 1994, that Mr [A] would abide by any conditions imposed on a Bridging E visa if granted. In assessing this, the Tribunal was guided by principles established in cases such as *Applicant VAAN of 2001 v MIMA* and *Liu v MIAC*. These principles require consideration of the applicant's past immigration history, including any breaches of immigration laws, the significance and wilfulness of those breaches, any mitigating circumstances, and evidence of contrition. The Tribunal also considered the potential for a security to be imposed to ensure compliance, and the purpose of such a security in securing adherence to visa conditions.

The Tribunal considered Mr [A]'s history, noting that he had been an unlawful non-citizen since 2012, and that his separation and divorce, which led to the cancellation of his previous visa, had not been brought to the Department's attention by him. Furthermore, Mr [A] had been charged with criminal offences and was in immigration detention. The Tribunal found that Mr [A]'s past conduct and circumstances did not provide sufficient assurance that he would abide by the conditions of a Bridging E visa. Consequently, the Tribunal affirmed the decision not to grant Mr [A] a Bridging E (Class WE) visa. The Tribunal also noted that Mr [A] did not meet the eligibility requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.