2309018 (Migration)

This matter concerns an application for review of a delegate of the Minister for Home Affairs' decision to refuse to grant the applicant, a man from Iraq, a Bridging E (Class WE) visa. The applicant sought this visa on the basis of requesting ministerial intervention. The applicant has a complex migration and criminal history, including periods of unlawful residence in Australia and charges for several offences, although no convictions were recorded. He is currently in immigration detention.

The primary legal issue before the Tribunal was whether the applicant would abide by the conditions of the visa, specifically Condition 8564, as required by clause 050.223 of Schedule 2 to the Migration Regulations. This assessment was to be made in light of the applicant's criminal and migration history.

The Tribunal considered extensive evidence, including reports from social workers, psychologists, and psychiatrists detailing the applicant's significant mental health issues, including PTSD, anxiety, depression, and suicidal ideation, with multiple recent suicide attempts. It also considered numerous character references from individuals and organisations, evidence of his relationship with an Australian citizen partner and her daughter, and certificates of courses completed. Despite the applicant's concerning history, the Tribunal found that he met the criteria under clause 050.223 of Schedule 2 to the Migration Regulations.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria for a Subclass 050 (Bridging (General)) visa concerning his compliance with visa conditions.