2111575 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa made by the applicant, who had arrived in Australia in June 2018 as a dependent on his wife's student visa. The applicant had a history of domestic violence offences, for which he was convicted in October 2019 and sentenced to a Community Based Order. His student visa was subsequently cancelled on 24 February 2020, a decision affirmed by the Tribunal on 16 June 2020, with the Federal Circuit Court dismissing his application for judicial review on 26 November 2020. The applicant applied for a Bridging E visa on 26 August 2021, indicating arrangements to depart Australia, citing his mother's ill health and a desire to be with his daughter. The Tribunal affirmed the decision not to grant the applicant a Bridging E visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Bridging E (Class WE) visa, specifically concerning his intention to depart Australia and his compliance with visa conditions, particularly the condition that he must not engage in criminal conduct. The applicant sought to demonstrate his intention to depart by providing evidence of a flight booking and assurances of financial support from a friend. He also asserted his commitment to abide by all visa conditions, including reporting requirements and the prohibition of criminal activity, attributing his past behaviour to depression and alcohol consumption, from which he claimed to have abstained.

The Tribunal considered the applicant's criminal history, including multiple domestic violence offences and a breach of a Community Based Order, as well as the fact that his student visa had been cancelled due to these convictions. While acknowledging the applicant's stated intention to depart and his assurances of future compliance, the Tribunal was not satisfied that he would adhere to the conditions of the visa, particularly the requirement to not engage in criminal conduct. The Tribunal noted the seriousness of the offences and the applicant's prior breach of a Community Based Order. The Tribunal also noted that the applicant was not eligible for a Bridging (Protection visa applicant) visa, as he did not meet the criteria for that visa subclass. Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E visa.