1935008 (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Bridging E (Class WE) visa. The applicant had been in Australia since February 2012, initially on a temporary visa. After this visa expired and a subsequent application was refused in June 2014, the applicant became an unlawful non-citizen. In November 2019, the applicant was detained during a random breath test and subsequently charged with criminal offences. While in detention, the applicant applied for a Bridging E visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Bridging E visa, specifically under subclause 050.212(3) of the Migration Regulations. This subclause requires that the applicant has made a valid application for a substantive visa that has not been finally determined, or that the Tribunal is satisfied the applicant would apply for such a visa within a specified period. The Tribunal also considered whether the applicant met the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, which the applicant had also applied for.

The Tribunal reasoned that the applicant did not meet the criteria for a Bridging E visa because they had not lodged a valid application for a substantive visa that remained undetermined. The applicant's history indicated a prolonged period of unlawful status in Australia, a lack of respect for Australian laws evidenced by the criminal charges, and no indication of an intention to apply for a substantive visa. Furthermore, the Tribunal found that the applicant was not a relevant eligible non-citizen for the Subclass 051 Bridging (Protection Visa Applicant) visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa.