1831304 (Migration)

The Administrative Appeals Tribunal considered an application for a Bridging E (Class WE) visa made by an applicant who had previously overstayed his substantive visa and worked illegally in Australia. The applicant arrived in Australia in December 2015 and his visa expired in March 2016. He remained in Australia unlawfully for over 30 months, during which time he was employed. The applicant claimed his sister had taken his passport, preventing him from leaving or regularising his status, and that he could not afford legal advice.

The primary legal issue before the Tribunal was whether the applicant had demonstrated a prospect of complying with the conditions of a Bridging E visa, given his extensive history of breaching immigration laws. The Tribunal was required to assess the applicant's credibility and his stated intentions regarding future compliance with visa conditions. The Tribunal also considered a separate application for a Bridging (Protection Visa Applicant) visa, Subclass 051, which the applicant did not meet the eligibility criteria for.

The Tribunal found that the applicant's explanation for his prolonged unlawful status and illegal work was not persuasive. It noted that despite his claims about his sister holding his passport, he had also stated he did not wish to upset her and found legal avenues too expensive. The Tribunal concluded that the applicant had knowingly remained unlawfully in Australia for a significant period and had engaged in illegal employment for the vast majority of that time. This history led the Tribunal to doubt his capacity or willingness to comply with the conditions of a Bridging E visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa. The applicant also failed to meet the eligibility requirements for a Bridging (Protection Visa Applicant) visa, Subclass 051.