1936590 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa, subclass 050 (Bridging (General)), before the Administrative Appeals Tribunal. The applicant sought to satisfy criterion 050.212(4) of Schedule 2 to the Migration Regulations 1994, which relates to applications for judicial or merits review of visa decisions. The primary dispute revolved around whether the applicant would abide by the conditions imposed on the visa, as required by clause 050.223.

The Tribunal was required to determine if the applicant met the criteria for the Bridging E visa, specifically whether they satisfied clause 050.212(4) and, crucially, whether they would abide by any imposed visa conditions under clause 050.223. The assessment of whether an applicant would abide by visa conditions involved considering their likely future conduct, taking into account factors such as their immigration history, previous breaches of immigration laws, the wilfulness of those breaches, any mitigating circumstances, and evidence of contrition.

The Tribunal found that the applicant met clause 050.212(4)(b) because they had lodged a valid application for merits review of a visa cancellation decision and were awaiting the outcome. Regarding clause 050.223, while the decision text does not explicitly detail the Tribunal's satisfaction on this point, it indicates that the applicant's past conduct, including charges of violent criminal conduct, previous breaches of immigration laws, past convictions, and pending criminal charges, were considered. The Tribunal also noted the applicant's marriage and family responsibilities, a guarantee of employment, and a strong social support network as relevant considerations.

Ultimately, the Tribunal remitted the matter for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 050.223 of Schedule 2 to the Regulations.