1832173 (Migration)

The applicant sought review of a delegate's decision to refuse a Bridging E (Class WE) visa. The applicant had arrived in Australia in January 2016 and his initial temporary visa ceased in November 2017. While his application for a Regional Skilled Migration Scheme visa was pending, he was granted a Bridging A visa. However, this visa was cancelled in January 2018 after the applicant was arrested and charged with serious offences involving a child. The applicant subsequently pleaded guilty to aggravated indecency and was sentenced to 18 months imprisonment with a non-parole period of 11 months.

The primary legal issue before the Tribunal was whether the applicant would abide by any conditions imposed on a Bridging E visa, as required by clause 050.223 of the Migration Regulations 1994. This involved considering the applicant's likely future conduct, including his immigration history, the significance and wilfulness of any breaches, mitigating circumstances, and any contrition shown. The Tribunal also considered the potential conditions that could be imposed, specifically the mandatory "no work" requirement (condition 8101) and the discretionary "no study" requirement (condition 8207).

The Tribunal reasoned that the applicant's conviction for offences involving a child, particularly a vulnerable victim, demonstrated a significant risk. While the applicant had applied for a protection visa, he did not meet the eligibility criteria for a Bridging (Protection Visa Applicant) visa. Given the nature of the criminal offending, the Tribunal considered it necessary to impose both the mandatory "no work" condition and the discretionary "no study" condition to prevent the applicant from potentially coming into contact with children. The Tribunal was not satisfied that the applicant would abide by these conditions, particularly in light of his serious criminal conduct.

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