2101310 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Bridging E (Class WE) visa made by an applicant who had a history of domestic violence convictions and previous breaches of bail conditions. The applicant had arrived in Australia in 2010 and was granted a permanent visa in 2011. His Resident Return visa was cancelled in 2019 due to incorrect information provided about his criminal history. Following his release from imprisonment in June 2020, he was detained and subsequently applied for a Protection visa and a Bridging E visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Bridging E visa, specifically whether he continued to satisfy the requirements at the time of the decision and whether he would abide by any imposed conditions. The Tribunal also considered a separate application for a Bridging (Protection Visa Applicant) visa, which the applicant was found not to be eligible for.

The Tribunal found that the applicant met the criterion for a Bridging E visa under clause 050.212(4)(a) as he had applied for judicial review of a decision relating to a substantive visa. Furthermore, the Tribunal was satisfied that the applicant continued to meet the requirements at the time of the decision under clause 050.221. However, the Tribunal ultimately affirmed the decision not to grant the Bridging E visa, concluding that it was not satisfied that the applicant would abide by the conditions imposed on such a visa, referencing his past immigration history and breaches of law as relevant considerations.