1928077 (Migration)

The applicant, an unlawful non-citizen, sought review of a decision concerning a Bridging E (Class WE) visa. The dispute arose from the applicant's extensive history of non-compliance with Australia's migration laws, including prolonged periods of unlawful status and unlawful employment, and a failure to uphold visa conditions on previous occasions. The matter was heard by Brendan Darcy.

The court was required to determine whether the applicant continued to satisfy the criteria for the Bridging E visa, specifically in light of their past conduct and the conditions imposed on previous bridging visas. This involved assessing whether the applicant met the requirements of clauses 050.211 and 050.212 of the Migration Regulations 1994, and whether they continued to satisfy these criteria at the time of the decision as per clause 050.221.

The court found that while the applicant met the initial criteria for the Bridging E visa, including having a valid protection visa application pending, their history demonstrated a pattern of extensive non-compliance. The applicant had previously worked unlawfully for nearly five years, failed to depart Australia as required on multiple occasions, and had repeatedly failed to meet the validity requirements for protection visas by not attending biometrics appointments. Given this history, the court was not satisfied that the applicant would abide by the conditions of the Bridging E visa.

Consequently, the Tribunal concluded that the decision under review should be affirmed, meaning the applicant's Bridging E visa application was not granted.