2204575 (Migration)

The applicant, a Sri Lankan citizen who arrived unlawfully in Australia in July 2012, sought review of the Tribunal's decision to affirm the cancellation of his Temporary Protection visa. The applicant had previously held several bridging visas and a Temporary Protection visa, but became an unlawful non-citizen after the latter was cancelled in October 2021. He had also applied for a Safe Haven Enterprise visa, which remained undecided. The applicant sought a Bridging E visa to regularise his status pending the determination of his Safe Haven Enterprise visa application, stating he had family in Australia and had made efforts to correct past mistakes.

The primary legal issue before the court was whether the applicant satisfied the criteria for the grant of a Bridging E visa, specifically clause 051.211, which requires the applicant to be an eligible non-citizen and to understand and agree to abide by the visa conditions. The court was also required to consider the applicant's willingness to report to the Department and his efforts to obtain or make arrangements to obtain a passport, in light of his criminal history and unlawful status.

The court found that the applicant did not satisfy clause 051.211 for the purpose of a grant of a Subclass 051 (Bridging (Protection Visa Applicant)) visa. While the applicant had provided details of his family in Australia and his employment history, and expressed a desire to regularise his status, the court's reasoning focused on the applicant's eligibility as a non-citizen and his adherence to visa conditions. The decision implies that the applicant failed to meet the specific requirements of the Bridging E visa, although the precise reasons for this failure are not fully elaborated in the provided text beyond the general reference to clause 051.211.

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