2119573 (Migration)

The applicant, who held a Bridging C visa (Class WC, Subclass 030), sought judicial review of a decision to cancel that visa. The applicant had been convicted of offences and also claimed to fear persecution from the government in China. The core of the dispute concerned the lawfulness of the visa cancellation in light of the applicant's ongoing entitlement to remain in Australia pending the determination of a Protection visa application.

The Federal Circuit and Family Court of Australia was required to determine whether the delegate had erred in cancelling the applicant's Bridging C visa. Specifically, the court had to consider whether the delegate had properly applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, particularly in circumstances where the applicant was lawfully in Australia awaiting a decision on a Protection visa application.

The court found that the delegate had failed to properly consider the applicant's entitlement to remain in Australia until their Protection visa application was decided. The delegate's decision to cancel the Bridging C visa was therefore set aside. The court applied the principles that a Bridging C visa is typically granted to allow a non-citizen to remain lawfully in Australia while their substantive visa application is being processed, and that cancellation must be undertaken in accordance with the law, taking into account all relevant circumstances.