2017262 (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal of a decision not to grant the applicant a Bridging E (Class WE) visa. The applicant, a Malaysian citizen, appeared before the Tribunal unrepresented and via video link from a detention centre, with the assistance of a Tamil interpreter. The applicant had been living in the community unlawfully for almost three years, having arrived in Australia on a visitor visa in March 2017 and subsequently working in fruit picking and farming without a valid visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements for the grant of a Bridging E visa. This involved assessing the applicant's compliance with visa conditions and his eligibility under the relevant regulations. The Tribunal also considered the applicant's explanation for his unlawful status, including his claims of attempting to contact his lawyer for assistance with obtaining a visa and his need to work to survive due to a lack of funds.

The Tribunal affirmed the delegate's decision not to grant the Bridging E visa. The Tribunal found that the applicant was not a "relevant eligible non-citizen" as defined in clause 051.211 of Schedule 2 to the Migration Regulations 1994. This finding meant that the applicant did not satisfy the criteria for the grant of the visa. The applicant did not challenge the Tribunal's findings regarding the certificate, ask further questions, or seek an adjournment during the hearing.