1820932 (Migration)

The Administrative Appeals Tribunal considered an application for a Bridging E (Class WE) visa made by an applicant who had failed to disclose a significant criminal history, including a conviction for murder and a period of imprisonment in Mongolia. The applicant also failed to disclose an outstanding Interpol notice. The delegate had previously refused to grant the visa, and the applicant sought review of that decision.

The primary legal issue before the Tribunal was whether the applicant was likely to abide by the conditions of the visa, specifically the condition that the holder must not engage in criminal conduct. This required the Tribunal to assess the applicant's credibility and the veracity of the information provided, particularly in light of the undisclosed criminal history and the Interpol notice.

The Tribunal found that the applicant's failure to disclose his conviction for murder and subsequent imprisonment, as well as the outstanding Interpol notice, on multiple visa applications and passenger cards, demonstrated a lack of honesty and a propensity to provide misleading information. While the applicant provided evidence of good character through his employment, shareholding, and philanthropic activities in Mongolia, the Tribunal gave greater weight to the undisclosed criminal history and the Interpol notice. The Tribunal concluded that the applicant was likely to not abide by the conditions of the visa, particularly the condition prohibiting criminal conduct.

Consequently, the Tribunal affirmed the delegate's 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.