1827501 (Migration)

The applicant, a Malaysian citizen who arrived in Australia in April 2017, sought review of a decision not to grant a Bridging E (Class WE) visa. The dispute centred on whether the applicant met the criteria for this visa, particularly in light of their immigration status and a separate application for a Permanent Protection visa. The matter was before the Tribunal for review.

The Tribunal was required to determine if the applicant met the criteria under clause 050.212(3)(a) of the Migration Regulations 1994, which relates to having made a valid application for a substantive visa that has not been finally determined. Additionally, the Tribunal had to consider whether the applicant would abide by any conditions imposed on a bridging visa, as required by clause 050.223. The applicant also sought a Subclass 051 (Bridging (Protection Visa Applicant)) visa, and the Tribunal needed to assess their eligibility for this visa as well.

The Tribunal found that the applicant satisfied clause 050.212(3)(a) because they had made a valid online application for a Permanent Protection visa on 14 September 2018, which had not yet been finally determined. However, the applicant did not meet the requirements for a Subclass 051 visa as they were not an eligible non-citizen under clause 051.211. The Tribunal also considered the applicant's past immigration history and conduct in relation to clause 050.223, but the specific findings on this point are not detailed in the provided text.

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