2117724 (Migration)

The applicant, who had a history of visa cancellations and criminal convictions, sought review of a decision to refuse his application for a Bridging E (Class WE) visa. The applicant had previously held various bridging visas since his initial arrival in Australia in 2016. His most recent Bridging E visa was granted on the basis that he was making arrangements to depart Australia, but this visa ultimately ceased, and he subsequently applied for another Bridging E visa, which was refused. The applicant contended that he was unable to depart Australia due to circumstances beyond his control, including financial hardship, travel restrictions imposed by the COVID-19 pandemic, and concerns for his safety in Nigeria.

The primary legal issue before the Tribunal was whether the applicant had made, or was the subject of, acceptable arrangements to depart Australia, as required for the grant of a Bridging E visa. The Tribunal was required to consider the criteria outlined in the relevant policy guidelines, which included factors such as holding a valid ticket or booking for travel, the ability to obtain a valid travel document, and active engagement in departure arrangements. The Tribunal also had to assess the applicant's stated intention to depart Australia against his expressed desire to remain in the country and his lack of concrete departure plans.

The Tribunal reasoned that the applicant had not demonstrated that he was making acceptable arrangements to depart Australia. Despite stating he was making arrangements, the applicant had no valid ticket or booking, and his passport had expired. He also expressed a clear intention not to leave Australia, citing concerns about his safety in Nigeria and financial hardship, which were not considered sufficient to overcome the requirement for demonstrable departure arrangements. The Tribunal noted that the applicant's claims about his inability to return to Nigeria were the same as those made in his protection visa application, which had been refused. Furthermore, the applicant had no money to purchase a ticket and explicitly stated he did not want to leave.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa. The Tribunal also noted that the applicant did not meet the requirements for a Bridging (Protection Visa Applicant) visa (Subclass 051).