2006894 (Migration)

This matter concerned an application for review of a delegate of the Minister for Immigration's decision to refuse to grant the applicant, an Indian national, a Bridging E (Class WE) visa. The applicant had previously held a dependent Student visa which was cancelled, and subsequently applied for a Protection visa, which was also refused. The applicant's initial application for a Bridging E visa was refused, and this was affirmed on review. The current application was for a second Bridging E visa. The delegate refused the visa on the basis that the applicant would not comply with conditions relating to work, reporting, and notification of address changes.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 050 Bridging visa, specifically whether the applicant would abide by the conditions imposed on the visa, as required by cl.050.223 of the Migration Regulations. The Tribunal also considered the applicant's immigration status under cl.050.211 and the grounds for seeking the visa under cl.050.212, particularly subclause (3) which relates to having made a valid application for a substantive visa that has not been finally determined. The requirement for an interview under cl.050.222 was also relevant.

The Tribunal found that the applicant satisfied cl.050.211 as he was an unlawful non-citizen and not an excluded eligible non-citizen. It was also satisfied that the applicant met cl.050.212(3) because he had made a valid application for a Protection visa which was still pending before the Tribunal. However, the Tribunal concluded that the applicant had not demonstrated a willingness to comply with visa conditions, citing a lack of candour, engagement in cash-in-hand work, and a history of non-engagement with reporting and notification requirements. The Tribunal affirmed the delegate's decision to refuse the visa.