2104322 (Migration)

This matter concerned an application for a Bridging E visa (Subclass 050) by an unlawful non-citizen. The applicant arrived in Australia in May 2013 on a student visa, which was cancelled in March 2014 after the applicant failed to commence studies and had their enrolment cancelled. The applicant remained in the community as an unlawful non-citizen until March 2021, when they were detained. The delegate refused the Bridging E visa, finding the applicant would not comply with its conditions. The Tribunal was required to determine whether the applicant was eligible for the visa and, if so, what conditions should be attached.

The primary legal issue before the Tribunal was whether it was satisfied that the applicant would abide by any conditions imposed on a Bridging E visa, as required by clause 050.223 of the Migration Regulations 1994. This required consideration of the applicant's likely future conduct, informed by their past immigration history, the significance and wilfulness of any breaches of migration laws, the presence of mitigating circumstances, and any contrition shown. The Tribunal also had to consider which conditions, if any, should be imposed on the visa.

The Tribunal affirmed the delegate's decision, finding that the applicant's extensive migration history demonstrated a wilful and prolonged breach of Australia's migration laws. This included remaining in Australia unlawfully for approximately seven years, working unlawfully during that period, failing to contact the Department to regularise their status, and being a person of interest to Victoria Police. The Tribunal concluded that, based on this history, it was not satisfied that the applicant would abide by the conditions of a Bridging E visa, even if security were required. Consequently, clause 050.223 was not met.