2015440 (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant's eligibility for a Bridging E (Class WE) visa. The applicant, a national of Vietnam, had been in Australia since December 2013 on a student visa which ceased in March 2018, rendering him an unlawful non-citizen. His immigration status subsequently came to the attention of authorities due to criminal convictions and periods of imprisonment, followed by immigration detention. The Tribunal considered the applicant's immigration history, including his period of unlawful status, criminal convictions, imprisonment, and detention, as well as a previously withdrawn Protection visa application.

The primary legal issue before the Tribunal was whether the applicant had met the criteria for the grant of the Bridging E visa. This involved assessing whether the applicant had made acceptable arrangements to depart Australia, particularly in light of his prolonged period as an unlawful non-citizen, his criminal history, and his initial stated preference to remain in Australia. The Tribunal also considered the applicant's later expressed desire to return to Vietnam to assist his elderly mother, finalise his finances, and the offer of accommodation and living expenses from a relative, alongside the impact of COVID-19 travel restrictions.

The Tribunal affirmed the delegate's decision not to grant the Bridging E visa. The applicant had become an unlawful non-citizen after his student visa ceased and had not applied for a substantive visa. Despite initially stating a preference to remain in Australia and not depart voluntarily, he later expressed a desire to return to Vietnam. However, the Tribunal found that the applicant did not meet the primary criterion for the visa, which required acceptable arrangements to depart Australia. Furthermore, the Tribunal noted that the applicant was not a relevant eligible non-citizen for a Bridging (Protection Visa Applicant) visa (Subclass 051), which was also considered in the application.