2117602 (Migration)

The applicant, a 56-year-old male citizen of Malaysia, applied for a Bridging E (Class WE) visa, specifically Subclass 050 or 051. The delegate refused to grant the visa, finding the applicant did not satisfy either cl 050.222 or cl 051.211 of Schedule 2 to the Migration Regulations 1994 (Cth). The applicant sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Bridging E visa, specifically cl 050.222 and cl 051.211. This involved determining if the applicant was an eligible non-citizen and satisfied any age or family unit requirements stipulated by the relevant clauses, and whether he was required to be interviewed.

The Tribunal's reasoning focused on the applicant's failure to satisfy the criteria for the Subclass 051 visa. While the Tribunal initially made an error in its correspondence regarding visa cancellation, it subsequently corrected this and requested information from the applicant demonstrating compliance with cl 050.222 and cl 051.211. The applicant responded with a letter expressing fear of returning to Malaysia and stating he had no witness letters or witnesses. The Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 051 visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa.