1914248 (Migration)

The Administrative Appeals Tribunal considered a decision concerning the applicant's Bridging E (Class WE) visa. The applicant sought to meet criterion 050.212(3) of the Migration Regulations 1994, which requires the applicant to have made a valid application for a substantive visa that has not been finally determined, or to satisfy the Tribunal that they would apply for such a visa within a specified period. The applicant had previously applied for a Protection visa, which was refused by the Department on 11 April 2019. Although the applicant claimed to have intended to seek review of this decision, no review application was lodged with the Tribunal, and the time limit for doing so had expired.

The Tribunal also examined whether the applicant met criterion 050.212(2), which requires the applicant to be making, or be the subject of, acceptable arrangements to depart Australia. The applicant stated he did not wish to depart Australia and was not making any arrangements to do so, nor did he demonstrate any financial capacity to make such arrangements. Furthermore, the applicant's Tourist visa was subject to condition 8503, which prohibits the holder from applying for any further substantive visa while in Australia, except for a Protection visa. As this condition had not been waived, the applicant was unable to apply for a Partner visa, the only other substantive visa he indicated an intention to seek.

Consequently, the Tribunal found that the applicant did not satisfy the requirements of clause 050.212(2) or 050.212(3) for the grant of a Bridging E visa. The Tribunal also noted that the applicant did not meet the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa. The Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa.