1933796 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa. The applicant sought to satisfy the criteria under cl.050.212(4)(c) by indicating an intention to lodge an application for merits review of a decision to cancel their SHEV visa. The Tribunal was required to determine whether the applicant met the time of application and time of decision criteria for the Bridging E visa, specifically cl.050.211 and cl.050.212, and whether these criteria continued to be met at the time of the decision.

The Tribunal considered the applicant's immigration status and found that they were an unlawful non-citizen at the time of application and continued to meet cl.050.211 at the time of decision. Crucially, the Tribunal found that the applicant met cl.050.212(4)(c) because they had notified the Department of their intention to lodge a merits review application for their SHEV cancellation by a specified date, and this intention was confirmed at the hearing. The Tribunal also found that the applicant continued to satisfy the requirements of cl.050.211 and cl.050.212 at the time of decision, as per cl.050.221.

Despite meeting the criteria for the Bridging E visa, the Tribunal noted that the application was also considered for a Subclass 051 (Bridging (Protection Visa Applicant)) visa. However, the applicant did not meet the requirements for this visa as they were not a relevant eligible non-citizen under cl.051.211. Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa.