2206509 (Migration)

The Administrative Appeals Tribunal considered an application for a Bridging E (Class WE) visa, Subclass 050, made by an applicant with a history of unlawful residence in Australia. The primary dispute concerned whether the applicant met the criteria for the visa, specifically the requirement to be making acceptable arrangements to depart Australia.

The legal issues before the Tribunal were whether the applicant satisfied clause 050.212 of the Migration Regulations 1994, which outlines the grounds for granting a Bridging E visa, and clause 050.221, which requires the applicant to continue to satisfy the primary criteria at the time of the decision. The Tribunal also considered the meaning of "acceptable arrangements to depart Australia" and whether the applicant's stated intentions were genuine, drawing guidance from departmental guidelines and relevant case law.

The Tribunal found that the applicant did not meet the criteria for the Bridging E visa. Initially, the applicant claimed to be making arrangements to depart Australia, supported by a letter from a friend indicating assistance with departure. However, a subsequent statutory declaration from the same friend stated the applicant was his de facto partner and he intended to sponsor her for a Partner visa in Australia. The Tribunal concluded this indicated a clear intention not to depart Australia. Furthermore, the applicant had a significant history of unlawful residence, including multiple periods where she failed to depart Australia after being granted bridging visas on departure grounds. The Tribunal also noted the applicant did not meet the criteria for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.

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