2000067 (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 050 (Bridging (General)) visa. The applicant, who had been in Australia since May 2012, sought the visa on departure grounds. The applicant had entered Australia on an altered Turkish passport and had subsequently had a protection visa application refused, with that refusal affirmed on review and judicial review dismissed. The applicant was barred under s.48 of the Migration Act 1958 (Cth) from making further substantive visa applications onshore, including another protection visa application, and had had previous requests to lift this bar refused.

The primary legal issue before the Tribunal was whether the applicant had made or was the subject of acceptable departure arrangements, as required by clause 050.212(2) of the Migration Regulations 1994 (Cth). The applicant was also required to satisfy this criterion at the time of the decision, pursuant to clause 050.221. The Tribunal had invited the applicant to provide evidence of departure arrangements or to claim that he met any of the other criteria set out in clauses 050.212(3)-(9).

The Tribunal found that the applicant had not provided verifiable evidence of having made or being the subject of departure arrangements. Furthermore, the applicant did not claim to meet any of the alternative criteria under clause 050.212(3)-(9). The Tribunal noted that the applicant had been aware of his s.48 bar and his inability to make further applications for Ministerial intervention. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the Bridging E visa.

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