2017729 (Migration)

This matter concerned an application for a Subclass 050 (Bridging (General)) visa. The applicant sought to satisfy criterion cl.050.212(2) of Schedule 2 to the Regulations, which requires the Minister, or the Tribunal on review, to be satisfied that the applicant is making, or is the subject of, acceptable arrangements to depart Australia. The Tribunal was required to determine whether the applicant had met this criterion, as well as cl.050.221 and cl.050.223.

The Tribunal considered the meaning of "acceptable arrangements to depart Australia," noting that it is not defined in the Regulations but that guidance can be found in departmental procedures and case law, such as *Chen v MIMIA* [2001] FCA 285 and *Lin v MIMIA* [2001] FCA 283. The Tribunal affirmed that whether an applicant is making acceptable arrangements is a question of fact for the decision-maker, involving an element of discretion and requiring consideration of what the applicant has done to date and the genuineness of their intentions. Matters such as the absence of travel documents or tickets, or a prolonged failure to secure them, could support a conclusion that acceptable arrangements have not been made. Departmental guidelines suggest that providing evidence of a valid ticket and reservation within an acceptable timeframe, or indicating an intention to arrange departure and make necessary arrangements within such a timeframe, would satisfy the criterion.

Despite the applicant initially providing no evidence to the Department beyond the application form, the delegate had accepted that the applicant met the criterion. The Tribunal, in reviewing the matter, considered a short submission from the applicant's representative, statutory declarations from the applicant's partner, sister, and a friend, a bank statement from the friend, and evidence of a flight ticket price to Ho Chi Minh City. Based on these submissions and evidence, the Tribunal concluded that the applicant met cl.050.212(2), as well as cl.050.221 and cl.050.223. Consequently, the Tribunal remitted the matter for reconsideration by the Minister, directing that the applicant meets these specified criteria and informing the primary decision-maker to indicate that certain conditions would be imposed if the visa were granted, along with a requirement for a $15,000 AUD security for compliance.