2203267 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by an unlawful non-citizen with an extensive criminal history. The applicant had been in Australia for a considerable period, during which his visa status had been cancelled due to providing incorrect information, and he had also been convicted of multiple offences, including common assault and assault occasioning actual bodily harm, resulting in a period of imprisonment. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant would abide by the conditions of a bridging visa if one were granted.

The central legal issue before the Tribunal was whether the applicant had satisfied the criteria for the grant of a Bridging E visa, specifically concerning his propensity to comply with visa conditions. This involved a comprehensive assessment of his immigration history, including previous visa cancellations and numerous unsuccessful applications for review and judicial review, as well as his significant criminal record. The Tribunal considered whether these factors demonstrated a likelihood that the applicant would adhere to any conditions imposed on a bridging visa.

The Tribunal affirmed the decision not to grant the applicant a Bridging E visa. In reaching this conclusion, the Tribunal had regard to the applicant's extensive immigration history, which included being an unlawful non-citizen for a substantial period and repeatedly providing untruthful information in previous applications. Coupled with his serious criminal convictions, the Tribunal was not satisfied that the applicant would abide by the conditions of a bridging visa if granted. Consequently, the Tribunal affirmed the decision under review.