1837318 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa, Subclass 050, before the Tribunal. The applicant sought to meet criterion cl.050.212(3) by having made an application for a protection visa that had not yet been finally determined. The central issue before the Tribunal was whether the applicant would abide by any conditions imposed on the visa, as required by cl.050.223.

The Tribunal was required to determine if it was satisfied that the applicant would comply with visa conditions, considering the applicant's likely future conduct. In assessing this, the Tribunal noted that relevant considerations included the applicant's past immigration history, the significance and wilfulness of any breaches, the presence of mitigating circumstances, and any evidence of contrition. The Tribunal considered that conditions 8401 (reporting) and 8505 (residence) should be imposed on the visa.

The Tribunal found that the applicant's past conduct, including long periods of unlawful residence and working without permission, weighed against satisfaction of cl.050.223. While acknowledging the applicant's stated intention to abide by conditions and the provision of a bond, the Tribunal concluded that these factors did not sufficiently mitigate the applicant's history of non-compliance. The Tribunal also noted that the applicant did not meet the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E visa.