2001156 (Migration)

The Administrative Appeals Tribunal affirmed the decision of the delegate not to grant the applicant, a citizen of Sri Lanka, a Bridging E (Class WE) visa. The applicant had been in Australia unlawfully for almost 10 years, having overstayed his student visa which expired in September 2009. In July 2019, he was charged with serious criminal offences, including dealing with information to facilitate the commission of an indictable offence and dishonestly obtaining a financial advantage, relating to fraudulent invoicing practices through a business he had registered.

The Tribunal was required to determine whether the applicant would satisfy the criteria for the grant of a Bridging E visa, specifically whether he would comply with the conditions of the visa and whether there was any suggestion that he would re-offend. The applicant also sought a Bridging (Protection Visa Applicant) visa, but the Tribunal found he did not meet the eligibility criteria for that visa.

The Tribunal's reasoning focused on the applicant's extensive period of unlawful status in Australia, his failure to notify the Department of an address change, and his lack of attempts to regularise his migration status or depart the country. Crucially, the criminal charges indicated dishonest conduct and a disregard for Australian laws. The Tribunal concluded that, given the applicant's past behaviour and the nature of the criminal charges, there was no satisfaction that he would abide by the conditions of a Bridging E visa. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.