2112971 (Migration)

This matter concerned an application to review a delegate of the Minister for Immigration's decision to refuse the applicant, a citizen of Bangladesh, a Bridging E (Class WE) visa. The applicant had arrived in Australia in March 2013 as an unauthorised maritime arrival and had been an unlawful non-citizen since November 2017, following unsuccessful applications for a protection visa and subsequent judicial reviews. The applicant sought the Bridging E visa in August 2021, which comprised subclasses 050 and 051.

The primary legal issues before the court were whether the applicant satisfied the criteria for a Bridging E (Class WE) visa, specifically subclasses 050 and 051, as set out in Schedule 2 of the Migration Regulations 1994. The delegate had refused the visa on the basis that the applicant did not meet the requirements of clause 050.211 (specifically subclause 050.211(2)) or clause 051.211. The Tribunal, having considered the material before it, was unable to make a favourable decision and therefore invited the applicant to a hearing and to provide further information demonstrating his eligibility under the relevant clauses.

The Tribunal affirmed the delegate's decision to refuse the Bridging E visa. The Tribunal found that the applicant did not satisfy the criteria for a Bridging (Class WE) Protection visa applicant (subclass 051). The decision record indicates that the applicant's circumstances, including the inability to obtain a Bangladesh passport and the impact of COVID-19 pandemic international travel restrictions, were considered in the context of whether removal from Australia was reasonably practicable, and whether the applicant was in immigration detention. However, these considerations did not lead to the grant of the visa.