1905549 (Migration)

This matter concerned an application for a Subclass 050 (Bridging (General)) visa by a New Zealand passport holder whose previous visa had been cancelled. The applicant sought merits review of the visa cancellation decision. The Tribunal was required to determine whether the applicant met the criteria for the Bridging visa, specifically focusing on whether the applicant would abide by the conditions of the visa should one be granted.

The legal issues before the Tribunal were whether the applicant satisfied clauses 050.211 and 050.212 of Schedule 2 to the Migration Regulations 1994. Clause 050.211 pertains to the applicant being an unlawful non-citizen or the holder of a specific bridging visa, and not being an eligible non-citizen of certain kinds. Clause 050.212 outlines alternative criteria for meeting the requirements, including having applied for judicial review of a substantive visa decision or merits review of a visa cancellation. Crucially, the Tribunal also had to consider clause 050.223, which requires the applicant to satisfy the Minister that they will abide by the conditions of the visa.

The Tribunal found that the applicant met the requirements of clause 050.211 as he was an unlawful non-citizen at the time of application and did not fall within the excluded categories. Furthermore, the Tribunal determined that the applicant satisfied clause 050.212(4)(b) by having applied for merits review of the decision to cancel his substantive visa. While the Tribunal did not make a final determination on clause 050.223, it noted that the applicant had taken steps to mitigate potential future issues, including attending court as required, enrolling in a men's behaviour change program, and providing positive character evidence.

Consequently, the Tribunal remitted the matter for reconsideration by the Minister. The Tribunal directed that the applicant met the criteria under clauses 050.211, 050.212, and 050.223. The primary decision maker was also instructed to inform the applicant that conditions, including reporting requirements, notification of address changes, and a prohibition on engaging in criminal conduct, would be imposed if the visa were granted.