1824320 (Migration)

The applicant, a Chinese national, sought review of the Department's decision to refuse her application for a Bridging E (Class WE) visa. The applicant had arrived in Australia in March 2005 and had been located by Australian Border Force officers in August 2018, at which point she was identified as an unlawful non-citizen. She was subsequently detained and applied for a permanent visa, which triggered an application for an associated Bridging Visa E. The applicant's stated intention was to remain in Australia to work and support her daughter, and she expressed a desire not to return to China due to her husband's health.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Bridging E visa. This involved assessing the applicant's credibility and her stated intentions, particularly in light of her prolonged period as an unlawful non-citizen and her admitted intention to continue working without a visa. The Tribunal also considered whether the applicant met the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, which was also an application made by the applicant.

The Tribunal found that the applicant had significant credibility issues, evidenced by inconsistencies in her statements regarding her financial situation and living arrangements. Her admission that she would have continued working unlawfully if not located, and her stated reason for not regularising her status being that she had not earned enough money, demonstrated a disregard for Australian immigration laws. Furthermore, the Tribunal determined that the applicant did not meet the eligibility requirements for a Subclass 051 visa as she was not a relevant eligible non-citizen under the relevant regulation.

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