1836331 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa and a Subclass 051 (Bridging (Protection Visa Applicant)) visa. The applicant, who was an unlawful non-citizen at the time of application, sought review of a decision not to grant these visas. The Tribunal was required to determine whether the applicant met the criteria for the grant of either visa.

The primary legal issue was whether the applicant satisfied the requirements of clause 050.211 of the Migration Regulations 1994, which stipulated that an applicant must be an unlawful non-citizen or hold a specific bridging visa, and not be an eligible non-citizen of the kind set out in various subclauses of regulation 2.20. Additionally, the Tribunal considered whether the applicant met the criteria for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, specifically clause 051.211.

The Tribunal found that while the applicant admitted to being an unlawful non-citizen at the time of application, there was no evidence that they held a Bridging E (Class WE) visa or a Subclass 041 (Bridging (Non-applicant)) visa. Consequently, the applicant failed to satisfy the first limb of clause 050.211. Furthermore, the Tribunal found no evidence to support a claim that the applicant was an eligible non-citizen under regulation 2.20. The Tribunal also determined that the applicant was not a relevant eligible non-citizen for the purposes of clause 051.211.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa or a Subclass 051 (Bridging (Protection Visa Applicant)) visa.