1919403 (Migration)

The applicant sought review of a decision not to grant him a Bridging E (Class WE) visa. The Tribunal was tasked with determining whether the applicant had demonstrated a genuine intention to depart Australia, as evidenced by flight bookings, and whether he met the eligibility criteria for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.

The Tribunal considered the applicant's evidence regarding his intention to depart Australia in August 2019. It found that the applicant's failure to pay for an initial flight booking and his subsequent booking of another flight only after being requested to provide proof of payment by the Tribunal indicated a lack of genuine intention to leave. The Tribunal also examined the applicant's migration history and his explanations for remaining in Australia, including his desire to pursue dreams, his wife's presence and protection visa application, and a promise to his child. The Tribunal questioned the consistency of these explanations with his stated realisation in 2016 that remaining in Australia was meaningless and his previous lack of contact with relatives who might offer assistance.

The Tribunal concluded that the applicant had not satisfied the requirements for the grant of a Subclass 051 (Bridging (Protection Visa Applicant)) visa, as he was not a relevant eligible non-citizen under clause 051.211 of Schedule 2 to the Regulations. Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa.