1826351 (Migration)

The applicant sought review of a decision not to grant a Bridging E (Class WE) visa. The core of the dispute concerned whether the applicant had made "acceptable arrangements to depart Australia," a criterion for the visa under subclause 050.212(2) of the Migration Regulations 1994. The applicant also sought a Subclass 051 (Bridging (Protection Visa Applicant)) visa, but was found not to be a relevant eligible non-citizen for that visa.

The Tribunal was required to determine if the applicant satisfied the criterion of making acceptable arrangements to depart Australia, considering both the applicant's intentions and the genuineness of any arrangements made. The Tribunal also had to consider whether the applicant met the requirements for a Subclass 051 visa.

The Tribunal found that the applicant had not made acceptable arrangements to depart Australia. While the applicant had indicated a desire to depart and had signed an agreement for voluntary removal, he lacked a passport and had not yet lodged an application for one. Furthermore, the applicant had outstanding criminal matters and upcoming court dates, which presented a significant impediment to his departure. The Tribunal noted that the applicant did not realise these outstanding charges could impact his ability to leave the country. Consequently, the Tribunal affirmed the decision not to grant the Bridging E visa. The applicant also failed to meet the criteria for the Subclass 051 visa.