2212912 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by an unlawful non-citizen with a significant and complex immigration history. The applicant had previously been removed from Australia and had re-entered under a false identity, overstayed visas, and made applications for substantive visas that were ultimately refused. The applicant had also previously had a Bridging E visa cancelled due to non-compliance with work conditions. The decision was made by the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether the applicant would comply with the conditions of a Bridging E visa if it were granted, given his extensive history of non-compliance with immigration laws and visa conditions. This required the Tribunal to assess the applicant's credibility and the likelihood of future adherence to visa requirements.

The Tribunal acknowledged the applicant's extremely poor immigration history, including his unlawful status, re-entry under a false identity, and repeated breaches of visa conditions. However, the Tribunal was satisfied that the applicant was now making acceptable arrangements to depart Australia. Crucially, the Tribunal found that the applicant would abide by the conditions imposed on the visa if granted, provided a substantial security of $100,000 was lodged.

Consequently, the Tribunal remitted the matter for reconsideration by the Minister. The Tribunal directed that the applicant met the criteria for the Bridging E visa and instructed the primary decision maker to inform the applicant of the conditions that would be imposed, including conditions relating to work, study, and compliance, and to require a security of $100,000 for compliance.