1836694 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by a citizen of the People’s Republic of China. The applicant had arrived in Australia on a visitor visa, which was subsequently cancelled by the Department. The applicant had been detained in Australia for approximately two years and expressed a desire to speak with an Australian lawyer in person and to depart Australia independently rather than face forced removal. The Tribunal was required to determine whether the applicant met the threshold grounds for the grant of a subclass 050 Bridging (General) visa and, if so, whether he would abide by its conditions, or if a security amount would ensure compliance.

The Tribunal considered the applicant's history, which included his entry into Australia on a visitor visa in April 2017. Shortly after arrival, the applicant and his companions were involved in incidents at the premises of a company, where they made threats and demanded money. The applicant was subsequently arrested and charged with Demanding Property by Oral Threats. The Department issued a Notice of Intention to Consider Cancellation of the applicant's visitor visa, and it was ultimately cancelled on the grounds that the Minister was satisfied the applicant did not have an intention only to visit Australia temporarily, but rather his purpose appeared to be to extort money, which was incompatible with the visa's purpose.

The Tribunal affirmed the decision not to grant the applicant a Bridging E visa. It found that the applicant did not meet the requirements for the grant of a subclass 051 Bridging (Protection Visa Applicant) visa, as he was not an eligible non-citizen under the relevant regulation. The Tribunal's decision was based on the applicant's conduct and the cancellation of his substantive visa, which indicated he did not meet the threshold criteria for the bridging visa sought.