2304340 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by an applicant with a complex immigration history and a significant criminal record. The applicant had arrived in Australia in April 2009 and had subsequently applied for various visas, including student, partner, and protection visas, with multiple refusals and periods of unlawful residence. The applicant had also been convicted of numerous criminal offences, including unlawful assault, contravening family violence orders, aggravated burglary, and intentionally causing serious injury, resulting in periods of imprisonment. The decision under review was the refusal of a Bridging E visa application made on 21 March 2023.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Bridging E visa, specifically whether the delegate was satisfied that the applicant would comply with the conditions of such a visa, as required by clause 050.223 in Schedule 2 of the Migration Regulations 1994. A secondary issue arose regarding an application for a Bridging (Protection visa Applicant) visa (Subclass 051), where the applicant did not meet the eligibility criteria under clause 051.211 of Schedule 2.

The Tribunal affirmed the delegate's decision not to grant the Bridging E visa. The Tribunal found that the applicant's history of unlawful residence, engagement in criminal conduct including breaches of family violence orders, and the seriousness of the offences, particularly those resulting in lengthy imprisonment, demonstrated a lack of satisfaction that the applicant would comply with the conditions of a bridging visa. The Tribunal also noted that the applicant did not meet the eligibility requirements for a Bridging (Protection visa Applicant) visa. Consequently, the Tribunal concluded that the decision under review should be affirmed.