1823676 (Migration)

The applicant sought review of a decision to refuse a Bridging E (Class WE) visa. The primary issue before the Tribunal was whether the applicant met any of the criteria for the grant of this visa, specifically focusing on whether the applicant satisfied the requirements of clause 050.212 of the Migration Regulations. The applicant's migration agent argued that a Bridging E visa should have been deemed granted under section 75 of the Migration Act due to a delay in decision-making.

The Tribunal was required to determine the correct commencement date for the two-working-day period prescribed by section 75 and regulation 2.24, considering the specific requirements for applicants in immigration detention. Additionally, the Tribunal had to assess whether the applicant met any of the alternative primary criteria for a Bridging E visa, including those related to ongoing requests for Ministerial Intervention, acceptable arrangements to depart Australia, or the status of judicial or merits review proceedings. The Tribunal also considered the applicant's claim that they had not received a section 359A letter inviting comment on potentially adverse information prior to the hearing.

The Tribunal found that the two-working-day period under section 75 commenced on 10 August 2018, after a Detention Review Officer was informed of the application on 9 August 2018, and not from the date of lodgement on 7 August 2018. It also determined that the refusal decision was made on 13 August 2018, not 15 August 2018 as contended by the applicant's representative, meaning the two-working-day period had not expired before the decision was made. The Tribunal was satisfied that the section 359A letter had been correctly sent by email and that the subsequent hearing had provided a full opportunity to discuss the relevant matters, despite the representative's claim of non-receipt. Furthermore, the Tribunal found that the applicant did not meet any of the other primary criteria for the grant of a Bridging E visa, including those relating to Ministerial Intervention or acceptable arrangements to depart Australia.

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