2002681 (Migration)

The Administrative Appeals Tribunal considered the application of an individual seeking a Bridging E (Class WE) visa, Subclass 050, in relation to an ongoing protection visa application. The dispute centred on whether the applicant met the criteria for the visa, specifically concerning their past immigration history and their likelihood of complying with any imposed visa conditions.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant met the criterion under clause 050.212 of the Migration Regulations 1994, which requires the applicant to satisfy one of the specified alternatives at the time of application and decision, in this instance, by having an ongoing protection visa application. Secondly, and crucially, the Tribunal had to assess whether the applicant would abide by any conditions imposed on the Bridging E visa, as stipulated by clause 050.223. This involved considering the applicant's past conduct and immigration history.

In its reasoning, the Tribunal affirmed that the applicant met the criterion under clause 050.212, being satisfied that an ongoing protection visa application existed. However, the Tribunal found that the applicant failed to satisfy clause 050.223. The Tribunal considered the applicant's lengthy unlawful stay in Australia since April 2009, following the cancellation of their student visa in September 2010. This period of over nine and a half years without resolving their immigration status, coupled with a lack of evidence of contrition or mitigating circumstances for their past breaches, led the Tribunal to conclude that the applicant was unlikely to comply with conditions such as reporting requirements, notifying changes of address, and not engaging in work. The Tribunal identified specific conditions, including 8101 (no work), 8401 (reporting), and 8506 (address notification), that it considered should be imposed, but found that the applicant's history indicated a probable breach of these conditions.

Consequently, the Administrative Appeals Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa. The Tribunal also noted that the applicant did not meet the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.