1921458 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa, Subclass 050 (Bridging (General)), before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant would comply with the conditions imposed on the visa pursuant to clause 050.223 of the Migration Regulations. This required an assessment of the applicant's immigration history and criminal conduct.

The Tribunal considered the applicant's extensive immigration history, noting that he had been in Australia since June 1999, with his student visa being cancelled in August 2006. Despite the Administrative Appeals Tribunal affirming this cancellation in February 2007, the applicant remained in Australia as an unlawful non-citizen. Further, the applicant had been charged with criminal offences, including one in April 2019 for which he was detained under section 189 of the Migration Act. The Tribunal found no evidence that the applicant had attempted to engage with the Department to regularise his immigration status. Given this history of non-compliance and criminal conduct, the Tribunal concluded that there was no evidence to suggest the applicant would comply with the conditions of the visa.

The Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa. The Tribunal also noted that the applicant was not a relevant eligible non-citizen for a Bridging (Protection Visa Applicant) visa, Subclass 051.