2013242 (Migration)

The applicant, an unlawful non-citizen in immigration detention, sought review of a decision not to grant him a Bridging E (Class WE) visa. The applicant's request for this visa was based on an outstanding request for Ministerial Intervention, although the delegate also considered whether the applicant met the criteria for making acceptable arrangements to depart Australia. The applicant also applied for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, which was also refused.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Bridging E visa, specifically under clause 050.212 of Schedule 2 to the Migration Regulations 1994. This involved determining if the applicant's request for Ministerial Intervention was sufficient, or if he otherwise met the requirements for a bridging visa, particularly in light of his criminal history and outstanding debts. A secondary issue was whether the applicant met the criteria for a Subclass 051 Bridging (Protection Visa Applicant) visa.

The Tribunal found that the applicant did not meet the criteria for a Bridging E visa under clause 050.212(6), (6AA), or (6B) as the delegate had assessed the grounds for the bridging visa on the basis that the applicant was making acceptable arrangements to depart Australia, despite the applicant's explicit statement that he was not. The Tribunal also noted the applicant's extensive criminal history and outstanding debts to the Australian Government, which were relevant considerations. Furthermore, the Tribunal determined that the applicant was not a relevant eligible non-citizen for the purposes of a Subclass 051 Bridging (Protection Visa Applicant) visa.

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