2000413 (Migration)

The Administrative Appeals Tribunal considered an application for a Bridging E (Class WE) visa made by an applicant who was not fluent in English. The applicant sought the visa primarily due to his role as a carer for his cousin, who had various medical conditions, and his claimed fear of returning to Sri Lanka. The applicant had previously applied for ministerial intervention, which was unsuccessful.

The central legal issue before the Tribunal was whether the applicant met any of the prescribed grounds for the grant of a Bridging E visa. The Tribunal also considered whether the applicant met the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.

The Tribunal reasoned that a person must satisfy a specific ground for the grant of a bridging visa. While the applicant indicated on his application form that he was awaiting a visa decision, had sought ministerial intervention, and was making arrangements to depart Australia, these circumstances did not automatically satisfy a ground for the visa. The applicant’s stated reasons for seeking the visa, namely his cousin’s medical condition and his fear of returning to Sri Lanka, were presented as grounds for re-requesting ministerial intervention, not as grounds for a bridging visa. Furthermore, the Tribunal found that the applicant was not a relevant eligible non-citizen for the purposes of a Subclass 051 visa.

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