2312937 (Migration)

This matter concerned an application for judicial review of a decision by the Migration Review Tribunal (MRT) to affirm a decision not to grant the applicant a Bridging E (Class WE) visa. The applicant had a complex migration history in Australia, having first entered in 1997 and becoming an unlawful non-citizen on multiple occasions since March 2000. He had been granted numerous bridging visas, primarily on the grounds that he was making or the subject of acceptable arrangements to depart Australia. His most recent bridging visa ceased on 11 May 2021, after the MRT affirmed a decision to refuse him a Protection visa.

The primary legal issue before the court was whether the applicant met the criteria for the grant of a Bridging E (Class WE) visa, specifically under clause 050.212 of the relevant regulations. This clause requires an applicant to meet certain conditions, including having acceptable arrangements to depart Australia. The applicant also sought a Subclass 051 Bridging (Protection Visa Applicant) visa, which required him to be a relevant eligible non-citizen as defined in clause 051.211.

The court considered the applicant's extensive history of unlawful residence and multiple bridging visas granted on departure grounds. It noted that the applicant had not departed Australia since 1998 and had become an unlawful non-citizen on four separate occasions. The court found that the applicant did not meet the requirements for the Subclass 051 visa because he was not a relevant eligible non-citizen. Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa.