2011718 (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Bridging E (Class WE) visa, Subclass 050 (Bridging (General)). The applicant sought the visa on the basis that he was departing Australia, but stated he did not have travel permission and required work rights to arrange funds for his departure. The delegate refused the visa on the grounds that the applicant did not satisfy clauses 051.211(2) and 051.211 of the Migration Regulations 1994. The applicant did not respond to the Tribunal's invitation to make submissions addressing these criteria.

The legal issues before the Tribunal were whether the applicant satisfied the criteria for the grant of the Bridging E visa, specifically concerning acceptable departure arrangements. The Tribunal was required to consider the applicant's claims regarding his inability to depart Australia, his lack of a Bangladesh passport, and the impact of the COVID-19 pandemic on global travel. The Tribunal also had to assess the applicant's assertion that he did not understand English and the status of his migration agent.

The Tribunal affirmed the delegate's decision, finding that the applicant did not satisfy the criteria for the visa. The Tribunal noted that the applicant had a migration agent who lodged the review application, and struggled to accept the applicant's claim of not understanding English given this representation. While acknowledging the disruptions to global travel due to the COVID-19 pandemic, the Tribunal found that the applicant had not demonstrated that it was not reasonably practicable to remove him from Australia to Bangladesh. The applicant's stated desire to depart Australia and avoid remaining illegally was not sufficient to overcome the failure to meet the specific visa criteria.