2215745 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa (Subclass 050) by an unlawful non-citizen who had a history of visa refusals and a criminal conviction. The applicant had arrived in Australia in 2009 and subsequently became an unlawful non-citizen on multiple occasions. He had applied for and been refused a Protection visa, and his bridging visas had ceased accordingly. Following a conviction for money laundering and participation in a criminal group, for which he received a custodial sentence, the applicant was released on parole and placed into immigration detention. A previous application for a Bridging E visa was refused, and a subsequent attempt to lodge a further Protection visa application was deemed invalid due to the operation of section 48A of the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was whether the applicant would abide by the conditions imposed on any visa granted, particularly in light of his criminal history and status as an unlawful non-citizen. The Tribunal was required to consider the applicant's eligibility for a Bridging E visa, specifically whether he met the criteria set out in the Migration Regulations 1994 (Cth), including those relating to making arrangements for departure or being in criminal detention. The Tribunal also had to consider the implications of the applicant's parole requirements and the conditions that would likely be imposed on any granted bridging visa.

The Tribunal reasoned that while the applicant had a significant criminal history and had been an unlawful non-citizen, the specific circumstances of his release on parole and the supervision he would receive from New South Wales Community Corrections until July 2023 were relevant considerations. The Tribunal concluded that the applicant met certain criteria for a Subclass 050 visa, including clauses 050.211, 050.212(5B), 050.221, 050.222, and 050.223 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the matter for reconsideration by the Minister, directing that the applicant met these specified criteria and that conditions such as no work, compliance with parole, and other standard conditions would be imposed if the visa were granted.