2301017 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by an unlawful non-citizen. The applicant sought review of a decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 050 visa, as set out in Part 050 of Schedule 2 to the Migration Regulations 1994 (Cth). This involved determining if the applicant met the requirements of clauses 050.211 and 050.212 at the time of application and continued to satisfy these criteria at the time of the decision, pursuant to clause 050.221.

The Tribunal found that the applicant met clause 050.211 as he was an unlawful non-citizen at the time of application and continued to be so at the time of the decision, and was not an eligible non-citizen of a kind specified in regulation 2.20. Furthermore, the Tribunal was satisfied that clause 050.212(3A) was met, as the applicant had made a valid application for a substantive visa (a Protection visa) and was pursuing judicial review of its refusal in the Federal Court of Australia. Consequently, the Tribunal concluded that the applicant met clause 050.221. However, the Tribunal also considered an application for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, which the applicant did not meet the criteria for.

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