2104884 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by Mr [A], an unlawful non-citizen. The dispute arose because the Tribunal was not satisfied that Mr [A] would abide by any conditions imposed on a bridging visa if it were granted to him. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether Mr [A] satisfied the criteria for a Bridging E visa, specifically cl.050.211 and cl.050.212 at the time of application, and continued to satisfy these criteria at the time of the decision under cl.050.221. Additionally, the Tribunal had to determine if Mr [A] met the requirement to be interviewed by an authorised officer under cl.050.222, and crucially, whether it was satisfied that Mr [A] would abide by any conditions imposed on the visa if granted, as required by cl.050.223.

The Tribunal found that Mr [A] met the criteria under cl.050.211 and cl.050.212 at both the time of application and the time of decision, as he was an unlawful non-citizen and had a pending application for a Subclass 866 protection visa that had not been finally determined. He also satisfied the interview requirement under cl.050.222. However, the Tribunal was not satisfied that Mr [A] would abide by the conditions of a bridging visa, a critical requirement under cl.050.223. This lack of satisfaction was based on the applicant wilfully acting in breach of the conditions of a previous visa and a criminal conviction.

Consequently, the Tribunal affirmed the decision under review, meaning Mr [A]'s application for a Bridging E visa was refused.