2318572 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa, Subclass 050, heard by the Tribunal. The applicant, an unlawful non-citizen in immigration detention, sought this visa. The core of the dispute revolved around whether the applicant continued to meet the criteria for the visa at the time of the decision, particularly in relation to having a pending substantive visa application.

The legal issues before the Tribunal were whether the applicant satisfied the criteria under clause 050.211 and clause 050.212 of the Migration Regulations 1994 at the time of application, and crucially, whether the applicant continued to satisfy these criteria under clause 050.221 at the time of the decision. Specifically, the Tribunal had to determine if the applicant had a substantive visa application that had not been finally determined, or if the Tribunal was satisfied that the applicant would apply for such a visa within a specified period.

The Tribunal found that while the applicant initially met the criteria for the visa at the time of application, including having made a protection visa application, this was no longer the case at the time of the decision. The applicant had withdrawn his protection visa application and had not made a new substantive visa application. Despite stating he was seeking legal advice regarding potential future applications, he failed to provide any indication of a specific visa he intended to apply for or a timeframe for doing so. Consequently, the Tribunal concluded that the applicant did not continue to satisfy clause 050.212, and therefore did not meet the requirements of clause 050.221.

The Tribunal affirmed the decision under review.