2012695 (Migration)

The Administrative Appeals Tribunal considered an application for a Bridging E (Class WE) visa by an unlawful non-citizen. The applicant sought review of a delegate's decision to refuse this visa. The applicant's primary stated reason for seeking the visa was to remain in Australia due to safety concerns in his home country of Sri Lanka, including political instability and threats from a group he identified as LTTE members, as well as difficulties arising from the COVID-19 pandemic.

The central legal issue before the Tribunal was whether the applicant had established grounds for the grant of a Bridging E visa. This involved examining the applicant's responses on the visa application form, particularly his selection of "judicial review" and his assertion of being a party to other proceedings concerning his immigration status, despite answering negatively to having commenced judicial proceedings. The Tribunal also considered the applicant's claims regarding his inability to return to Sri Lanka and his desire to remain in Australia.

The Tribunal found that the applicant did not meet the requirements for the grant of a Bridging E visa. It noted that the applicant's selection of "judicial review" and his statement about being a party to other proceedings were made without a proper understanding of the questions, as confirmed by his own evidence. The Tribunal concluded that the applicant had no outstanding migration matters and had not demonstrated any grounds for the grant of the bridging visa under the relevant criteria, specifically cl.050.212. The Tribunal also noted that the applicant did not meet the requirements for a Bridging (Protection Visa Applicant) visa.

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