2303768 (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to refuse to grant the applicant a Bridging E (Class WE) visa (Subclass 050). The applicant, who had arrived in Australia as an Unauthorised Maritime Arrival in 2013, had previously held various visas, including a Temporary Protection visa which was cancelled following criminal convictions. After a period of unlawful status and a complex procedural history involving appeals and visa applications, the applicant lodged a Resolution of Status (Class CD) (Subclass 851) visa application, and was taken to have also applied for a Bridging E visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Bridging E visa, specifically concerning his ability to abide by the conditions of such a visa. The Tribunal was required to consider whether the applicant satisfied subclause 050.212(3) of the Migration Regulations 1994, which pertains to having a valid application for a substantive visa that has not been finally determined, and whether he would abide by any imposed conditions under clause 050.223. The Tribunal also considered, but ultimately dismissed, the applicant's eligibility for a Bridging (Protection Visa Applicant) visa (Subclass 051).

The Tribunal found that the applicant met the criterion under subclause 050.212(3) as he had lodged a valid and undetermined application for a Resolution of Status visa. However, the Tribunal was not satisfied that the applicant would abide by any conditions imposed on a Bridging E visa, as required by clause 050.223. This conclusion was based on the applicant's history of breaching a Code of Behaviour and his criminal convictions, which led the Tribunal to infer a risk of future non-compliance. The Tribunal also determined that the applicant was not an eligible non-citizen for a Bridging (Protection Visa Applicant) visa.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Bridging E (Class WE) visa.