2300049 (Migration)

This matter concerned an application for review of a decision to refuse to grant the applicant a Bridging E (Class WE) visa. The applicant, a citizen of India, applied for the visa on 28 December 2022. The delegate refused the application on the basis that the applicant did not satisfy criteria set out in Schedule 2 to the Migration Regulations 1994 (Cth), specifically clauses 050.223 and 051.211. The applicant sought review of this decision by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for the grant of the Bridging E visa, specifically whether she would comply with any conditions imposed on such a visa (cl 050.223) and whether she was a relevant eligible non-citizen (cl 051.211). While the delegate refused on both grounds, the Tribunal initially considered whether there were grounds for the applicant to seek the Subclass 050 visa in the first place, as per cl 050.212.

The Tribunal found that the applicant did not satisfy cl 051.211, meaning she was not a relevant eligible non-citizen. Furthermore, despite the applicant's submissions, the Tribunal was not satisfied that she would abide by the conditions of a bridging visa, as per cl 050.223. This conclusion was based on the applicant's significant and repeated criminal history in Australia, which included multiple convictions for offences such as theft, possession of drugs, and threats to kill, resulting in custodial sentences and community correction orders. The Tribunal noted that the applicant had breached a community corrections order and, despite her claims of no offending since August 2020, the Tribunal could not overlook her past behaviour and the apparent lack of success of previous rehabilitative attempts. The Tribunal disregarded the delegate's recording of the criminal history, relying on more accurate court records.

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