2105972 (Migration)

The Administrative Appeals Tribunal considered an application for a Bridging E (Class WE) visa made by a Sri Lankan national. The applicant sought this visa while his appeal for a Protection visa was pending before the Federal Circuit Court. The core dispute revolved around whether the applicant met the criteria for the Bridging E visa, specifically concerning acceptable arrangements to depart Australia and the status of his substantive visa application.

The Tribunal was required to determine if the applicant satisfied the conditions for the grant of a Bridging E visa under subclause 050.212(2) of the Migration Regulations 1994, which necessitates being satisfied that the applicant is making, or is the subject of, acceptable arrangements to depart Australia. Additionally, the Tribunal had to consider subclause 050.212(3), which is met if the applicant has made a valid application for a substantive visa that has not been finally determined, or if the Tribunal is satisfied the applicant would apply for such a visa.

The Tribunal found that the applicant did not meet the criterion under subclause 050.212(2) because he had not made any arrangements to depart Australia, citing his pending appeal as the reason. The Tribunal, referencing guidance from the Department's Procedures Advice Manual and case law such as *Chen* and *Lin*, was not satisfied that the applicant was making acceptable arrangements to depart. The Tribunal also noted that the applicant did not claim to meet other alternative criteria under cl.050.212. The decision under review was affirmed.