2109201 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa (Subclass 050) made by the applicant, who had a complex immigration and criminal history. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant would abide by the conditions of the visa if granted. The applicant's history included multiple periods of lawful status in Australia on student visas, followed by numerous criminal charges, convictions, periods of imprisonment, and immigration detention. The applicant had also previously been granted and subsequently become an unlawful non-citizen.

The central legal issue before the Tribunal was whether the applicant would comply with the conditions of a Bridging E visa, given her past conduct. This required the Tribunal to assess the applicant's immigration history, her criminal offending, her stated intentions, and the likelihood of future compliance. The Tribunal also considered the disclosure of documents under section 376 of the Migration Act 1958 and ensured the applicant was aware of and had the opportunity to comment on the information contained within them, including a warrant to imprison and a Detention Bridging Visa E interview record.

The Tribunal reasoned that despite the applicant's stated intention to work and the offer of support from a cousin, there was a very real prospect of her relapsing into drug use and reoffending. This assessment was informed by her extensive criminal record, including charges for theft, threats to kill, and drug possession, as well as her history of breaching court orders and becoming an unlawful non-citizen. The Tribunal noted that any permission to work was not guaranteed and that there was a possibility of unlawful employment. Consequently, the Tribunal concluded that the applicant had not demonstrated she would abide by the conditions of the visa.

The Tribunal affirmed the decision under review, meaning the applicant's application for a Bridging E visa was refused.