1918707 (Migration)

The applicant, a citizen of Sri Lanka who entered Australia without authorisation in September 2012, sought review of the Administrative Appeals Tribunal's decision to affirm the refusal of his Bridging E (Class WE) visa. The applicant's protection visa application had been refused, and subsequent judicial review by the Full Federal Court in September 2018 did not alter this outcome. The applicant had been granted multiple Bridging E visas since January 2013, with the most recent grant in March 2019 being subject to conditions related to departure arrangements and an ongoing request for Ministerial intervention.

The primary legal issue before the Tribunal was whether the applicant met any of the criteria for the grant of a Bridging E visa, specifically under clause 050.212 of Schedule 2 to the Migration Regulations. This involved assessing whether the applicant had made acceptable arrangements to depart Australia, had an ongoing request for Ministerial intervention, or met other specified criteria that would allow for the grant of a bridging visa. The Tribunal also considered whether the applicant continued to satisfy these criteria at the time of the decision.

The Tribunal found that the applicant met certain primary criteria for the Bridging E visa, including being an eligible non-citizen and not falling within excluded categories. However, the Tribunal focused on the criteria related to Ministerial intervention. While the applicant had made a request for Ministerial intervention, the Tribunal noted that the relevant provisions, such as subclauses 050.212(5B) and (6), require this to be a "first request" for Ministerial intervention or a request for substitution of a more favourable decision. The Tribunal determined that the applicant's first request for Ministerial intervention had been unsuccessful, and there was no indication of a subsequent or ongoing request that would satisfy the criteria for the grant of the Bridging E visa. The Tribunal also considered the criteria for a Bridging (Protection Visa Applicant) visa (Subclass 051) and found the applicant did not meet the requirements for that visa either.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa.