1929909 (Migration)

The applicant sought review of a decision not to grant a Bridging E (Class WE) visa. The dispute centred on whether the applicant would abide by the conditions of such a visa, given his history of immigration breaches and criminal conduct. The decision was made by a Member of the Tribunal.

The Tribunal was required to determine two primary issues. Firstly, whether the applicant met the criteria for a Bridging E visa, specifically that he had an ongoing protection visa application. Secondly, and crucially, the Tribunal had to be satisfied that the applicant would abide by any conditions imposed on the visa, as required by clause 050.223 of the Migration Regulations 1994.

In reaching its decision, the Tribunal considered the applicant's extensive immigration history, which included previous visa cancellations, periods of unlawful status, and repeated applications for review. The Tribunal also took into account the applicant's criminal history, noting pending charges for obtaining property by deception and property damage, as well as previous convictions for stalking, intimidation, and assault. The Tribunal found that the applicant's past conduct, including working in contravention of visa conditions and remaining unlawfully in Australia, demonstrated a disregard for immigration laws. Consequently, the Tribunal was not satisfied that the applicant would abide by the conditions of a Bridging E visa, such as not engaging in criminal conduct or reporting as required.

The Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa. The Tribunal also noted that the applicant did not meet the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.