2103615 (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse to grant the applicant a Bridging E (Class WE) visa. The applicant, a citizen of Bangladesh who arrived in Australia as an irregular maritime arrival in 2013, had a complex migration history involving multiple visa applications and appeals, ultimately resulting in him becoming an unlawful non-citizen. The application for the Bridging E visa was made in February 2021.

The primary legal issues before the Tribunal were whether the applicant satisfied the criteria for a Bridging E visa, specifically clauses 050.211 and 051.211 of the Migration Regulations 1994 (Cth). These clauses generally require an applicant to have a pending substantive visa application or to be making arrangements to depart Australia. The Tribunal was required to consider the applicant's stated intention regarding departure from Australia and his ability to obtain a passport for such departure.

The Tribunal found that the applicant did not satisfy the relevant criteria. The applicant's bridging visa application form contained an inconsistency, stating he was making arrangements to depart Australia while also indicating he was not. Crucially, during the Tribunal hearing, the applicant explicitly stated he was not planning on returning to Bangladesh and questioned why he would return given the perilous journey he undertook to reach Australia. He also indicated he had no answer as to how he would return to Bangladesh without a passport, which he claimed was taken by people smugglers and that obtaining a replacement was problematic. The Tribunal noted that bridging visas are temporary and intended for finalising visa applications or facilitating departure, neither of which applied to the applicant's stated intentions.

Consequently, the Tribunal affirmed the delegate's decision to refuse to grant the Bridging E visa. The applicant was found to be an unlawful non-citizen who had no intention of departing Australia voluntarily and had no pending substantive visa application.