1926134 (Migration)

The applicant, Mr [A], sought review of a decision not to grant him a Bridging E (Class WE) visa. The dispute centred on whether Mr [A] would comply with the conditions that would be imposed on such a visa, specifically concerning reporting to the Department of Home Affairs, notifying of any change of address, and not engaging in unlawful work. The matter was heard by Mireya Hyland, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether it was satisfied, pursuant to clause 050.223 of the Migration Regulations 1994, that Mr [A] would abide by any conditions imposed on a Bridging E visa if granted. This required the Tribunal to consider the likely conduct of the applicant, taking into account his past immigration history, the significance and wilfulness of any breaches, and whether there were mitigating circumstances or contrition. The Tribunal also considered the specific conditions that could be imposed under Division 050.6, including mandatory conditions such as condition 8101 (No Work) and potentially others like condition 8401 (Report as Directed) and condition 8506 (Notify of Change of Address).

The Tribunal reasoned that to be satisfied under clause 050.223, it needed to assess the applicant's likelihood of compliance. Relevant factors included the applicant's extensive history of non-compliance with Australia's migration laws, including remaining in Australia unlawfully on multiple occasions and working unlawfully for a significant period. The Tribunal found that Mr [A] had made no attempt to make arrangements to depart Australia. Based on this history, the Tribunal was not satisfied that Mr [A] would abide by the conditions imposed on a bridging visa. The Tribunal also noted that the applicant did not meet the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.

Consequently, the Tribunal affirmed the decision not to grant Mr [A] a Bridging E (Class WE) visa.