2303194 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by an unlawful non-citizen. The applicant sought to remain in Australia while making acceptable arrangements to depart. The core dispute revolved around whether the applicant would abide by the conditions of the visa, specifically the condition prohibiting engagement in work and the requirement to notify the Department of any change of address. The decision was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant met the criteria for the grant of a Bridging E visa, specifically whether the applicant would abide by the conditions of the visa, as stipulated in clause 050.223 of the relevant regulations. This involved assessing the applicant's immigration history, including periods of unlawful status, failure to notify changes of address, and engagement in work contrary to visa conditions. The Tribunal also considered a certificate issued under section 376 of the Migration Act regarding information on the Department's file.

The Tribunal found that while the applicant met the basic eligibility criteria for the Bridging E visa, including being an unlawful non-citizen and making acceptable arrangements to depart, it was not satisfied that the applicant would abide by the visa conditions. This conclusion was based on the applicant's extensive history of non-compliance with migration laws. Specifically, the Tribunal noted the applicant's failure to notify the Department of changes of address on multiple occasions, his periods of unlawful status, and his admission to working without a lawful right to do so. Despite an offer of a $10,000 security bond by a relative, the Tribunal determined that the applicant's demonstrated history of wilful breaches of migration laws weighed heavily against a finding of future compliance.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not satisfy the criteria for the grant of a Subclass 050 (Bridging (General)) visa.