1819791 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa, subclass 050 (Bridging (General)). The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Justine Clarke, was required to determine whether the applicant would abide by the conditions that would be placed on the visa, as stipulated by criterion cl.050.223.

The central legal issue was whether the Tribunal was satisfied that the applicant would comply with the conditions of the Bridging E visa. While the applicant met the preliminary criteria for the visa, including being an unlawful non-citizen with a pending substantive visa application, her immigration history and financial circumstances raised concerns about her future compliance. Specifically, the Tribunal considered whether the applicant's past conduct indicated a propensity to disregard visa conditions and engage appropriately with the Department.

The Tribunal found that the applicant had not complied with condition 8107 of her previous visa, which required her to work in a specific occupation. She admitted to working in a different occupation and stated she was unaware of the visa conditions, as another person had applied for the visa on her behalf. Furthermore, the applicant had overstayed her substantive visa and had not sought to regularise her status, explaining this by stating she was scared of being sent back to Ghana and had lacked advice. Although the applicant was receiving financial support from a third party, the Tribunal noted her limited financial means and the potential vulnerability if this support were withdrawn, leading to a concern that she might engage in unauthorised work. Given this history of disengagement and non-compliance, the Tribunal was not satisfied that the applicant would abide by the conditions of the Bridging E visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa. The Tribunal also noted that the applicant did not meet the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.