1929485 (Migration)

The applicant sought review of a decision not to grant him a Bridging E (Class WE) visa. The applicant's claim for the visa was based on meeting criterion cl.050.212(2) of the Migration Regulations 1994, which requires the applicant to be making, or be the subject of, acceptable arrangements to depart Australia. The applicant also applied for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, but was found not to meet the eligibility requirements for that visa.

The primary legal issue before the Tribunal was whether the applicant had demonstrated "acceptable arrangements to depart Australia" and, crucially, whether his intention to depart was genuine. The Tribunal considered evidence of one-way tickets booked for the applicant and his family, but also examined the applicant's immigration history, the lack of valid passports for himself and his children, and the absence of any applications for such passports. The Tribunal also took into account the applicant's previous overstay in Australia and the fact that his children were born in Australia and attending school.

The Tribunal reasoned that while one-way tickets were presented as evidence of departure arrangements, the genuineness of the applicant's intention was questionable. The lack of valid passports and any steps to obtain them, coupled with the applicant's prior immigration history of remaining in Australia illegally for over two years after a previous bridging visa was granted on departure grounds, weighed heavily against his claim. Furthermore, the Tribunal found that the applicant's actions, such as registering a business and not terminating his tenancy or taking steps to sell assets, indicated stronger incentives to remain in Australia than to depart.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa, finding that he had not satisfied the criterion of making acceptable arrangements to depart Australia with genuine intent. The Tribunal also found that the applicant did not meet the requirements for a Subclass 051 visa.