1907373 (Migration)

The Administrative Appeals Tribunal considered a request for Ministerial Intervention under section 417 of the Migration Act 1958 (Cth) concerning an applicant for a Bridging E (Class WE) visa, subclass 050 (Bridging (General)). The applicant's migration history was complex, involving previous visa refusals and periods of unlawful status. The applicant also raised concerns about receiving poor migration advice and having limited English skills. A key factor in the applicant's case was a genuine and ongoing relationship with an Australian permanent resident.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Bridging E visa, specifically subclause 050.212(6) of Schedule 2 to the Migration Regulations 1994 (Cth). This subclause pertains to applicants who are the subject of a decision in relation to a visa application or cancellation, and who have requested the Minister to substitute a more favourable decision under specific sections of the Act, without having previously sought such intervention. The Tribunal also considered whether the applicant met the criteria for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, which the applicant did not satisfy.

The Tribunal found that the applicant met the requirements of subclause 050.212(6) because they had made a request for Ministerial Intervention under section 417 of the Act, and this was their first such request. The Tribunal was satisfied that the applicant met this criterion, as well as criterion 050.223. The Tribunal noted the applicant's long-term relationship with an Australian permanent resident and the prospect of complying with visa conditions.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant meets the criteria for a Subclass 050 (Bridging (General)) visa under cl.050.212(6) and cl.050.223 of Schedule 2 to the Regulations. The primary decision maker was directed to inform the applicant that conditions 8101, 8401, 8506, and 8207 would be imposed if the visa were granted.