2301366 (Migration)

This matter concerned an application for review of a decision not to grant the applicant, a male citizen of India, a Bridging E (Class WE) visa. The applicant, who was an unlawful non-citizen in Australia, sought the visa on the basis that he was making arrangements to depart Australia. He claimed to have booked a flight to India for 5 March 2023, with a subsequent intention to travel to Dubai. The applicant stated his desire to see his children before departing Australia, noting that his wife and children held protection visas and were unable to leave the country. He also indicated a fear of harm in India and expressed a wish to be in a position to apply for a visa to return to Australia to see his family.

The legal issues before the court were whether the applicant satisfied the criteria for the grant of a Bridging E (Class WE) visa, specifically whether he was an eligible non-citizen as defined by the regulations and whether he met the requirements for the grant of that visa. The court also considered the applicant's requests for a postponement of his Tribunal hearing, which had been refused by the Tribunal.

The court affirmed the Tribunal's decision not to grant the visa. The Tribunal found that the applicant had not provided sufficient evidence to satisfy the criteria for the visa. While the applicant claimed to be departing Australia, his stated intention to travel to Dubai without a confirmed visa or flight, coupled with his fear of returning to India, raised questions about the genuineness of his departure arrangements. Furthermore, the Tribunal determined that the applicant had adequate time to prepare his visa and review applications and that his requests for postponement were not justified, particularly given the time constraints for reviewing decisions relating to bridging visas for applicants in immigration detention. The applicant was found not to be a relevant eligible non-citizen as required by the regulations.