2018022 (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the applicant, an Irish citizen, a bridging visa. The applicant sought the visa to facilitate his departure from Australia to [Country 2], having made arrangements for flights and accommodation. He had been detained by the Australian Border Force, who held his passports, and his initial flight booking had passed by the time of the Tribunal hearing. A new flight booking was presented, along with evidence of accommodation.

The central legal issue before the Tribunal was whether the applicant met the criteria for a bridging visa, particularly in light of his criminal history. The applicant had been convicted of sexual intercourse without consent, with a further charge of the same nature taken into account during sentencing. He had spent approximately three weeks in criminal custody before being granted bail with conditions, which he stated he adhered to. His removal from Australia had been delayed due to the COVID-19 pandemic, and he sought the bridging visa to expedite his return to his family.

The Tribunal considered the Agreed Statement of Facts from the sentencing proceedings, which detailed the applicant's conviction for sexual intercourse without consent under s.61 of the Crimes Act 1990, and an additional offence of the same nature taken into account. The Tribunal acknowledged that this allowed for a single sentence to be imposed while acknowledging two distinct instances of offending. The applicant's stated intention to depart Australia and the evidence of his travel arrangements were weighed against the seriousness of his criminal conviction.