2105116 (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs regarding a Bridging C (Class WC) visa. The applicant, who had previously had a protection visa application refused and affirmed on review, remained in the migration zone. Section 48 of the Migration Act 1958 (Cth) barred the applicant from making a further protection visa application while in the migration zone, and there was no evidence of the Minister exercising discretion under section 48B to lift this bar. The applicant had lodged an application for a Bridging C visa on 9 April 2021.

The primary legal issue before the Tribunal was the validity of the applicant's Bridging C visa application lodged on 9 April 2021. Specifically, the Tribunal was required to determine whether this application met the criteria for validity as set out in Schedule 1 of the Migration Regulations 1994 (Cth), particularly Item 1303(3)(c).

The Tribunal reasoned that the applicant's prior protection visa application had been finally determined in March 2017, and his associated Bridging C visa ceased on 11 April 2017. As he had remained in the migration zone since that time and section 48 barred further protection visa applications, the Tribunal considered the circumstances surrounding the 9 April 2021 application. The Tribunal found that the Bridging C visa application of 9 April 2021 did not meet the criteria specified in Item 1303(3)(c) of Schedule 1. Consequently, the Tribunal concluded that the application was not validly made.

The Tribunal set aside the Department's decision refusing to grant the applicant a Bridging C visa. It substituted this decision with a finding that the Bridging C visa application lodged on 9 April 2021 was not valid and therefore could not be considered.