1825188 (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Bridging E (Class WE) visa, specifically a Subclass 050 (Bridging (General)) visa, and also a Subclass 051 (Bridging (Protection Visa Applicant)) visa. The applicant had lodged an initial protection visa application which was found to be invalid. The applicant had also failed to notify the department of his residential address, failed to attend the department to regularise his migration status, and had engaged in employment without work rights. The decision under review was affirmed by the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for the grant of a Bridging E visa, considering his failure to comply with visa conditions and his status as an unlawful non-citizen. Specifically, the Tribunal had to determine if the applicant was a relevant eligible non-citizen as defined by the regulations for a Subclass 051 visa, and whether his actions warranted the grant of a Bridging E visa despite the circumstances.

The Tribunal found that while the applicant had engaged with the department regarding his invalid protection visa application, he had failed to meet certain conditions. The applicant had not provided a residential address initially due to an impending move, and subsequently relocated and obtained employment without work rights. The Tribunal noted that the department had been slow to address the invalidity of the protection visa application, and that the applicant had largely initiated contact to resolve his status. However, the applicant was found to be an unlawful non-citizen from 2 May 2018. The Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 050 visa and was not a relevant eligible non-citizen for a Subclass 051 visa.

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