1825677 (Migration)

The Administrative Appeals Tribunal considered an application for a Bridging E visa made by a Lebanese national who had arrived in Australia in 2011. The applicant's initial Student visa was cancelled in 2013, after which he resided in Australia as an unlawful non-citizen until he applied for a protection visa in 2014, which was subsequently refused. Further visa cancellations and reviews followed, including the cancellation of his Bridging visa in 2018, leading to his placement in immigration detention. The applicant was seeking judicial review of a Tribunal decision that affirmed the cancellation of his Bridging visa, and concurrently, the Tribunal was reviewing the Minister's delegate's decision to refuse him a Bridging E visa.

The primary legal issues before the Tribunal were whether the applicant was eligible for a Bridging E visa, what conditions, if any, should be imposed on such a visa in addition to mandatory conditions, and crucially, whether the applicant would comply with any imposed conditions. The Tribunal also considered whether the applicant met the eligibility requirements for a Subclass 051 Bridging (Protection Visa Applicant) visa, which he did not.

The Tribunal found that the applicant met the eligibility requirements for a Bridging E visa, as he had a pending application for a substantive visa that could be granted in Australia. However, the central issue was the applicant's compliance with visa conditions. The Tribunal affirmed the delegate's decision to refuse the Bridging E visa, concluding that the applicant would not comply with any imposed conditions. This conclusion was based on the applicant's adverse immigration history, including periods of unlawful status, and a serious criminal conviction in August 2018 for drug trafficking and cultivation, as well as earlier convictions for assault and failing to answer bail. The Tribunal also noted the applicant's long-term cannabis use and lack of employment.

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