2319578 (Migration)

This matter concerned an application for review of a decision not to grant the applicant, a Sri Lankan national, a Bridging E (Class WE) visa. The applicant had arrived in Australia in January 2017 on a student visa which expired in August 2020, after which he remained in Australia as an unlawful non-citizen. During this period, he had been convicted of criminal offences, served a period of detention, and had been granted several bridging visas on the basis of intending to lodge a student visa application or making arrangements to depart Australia. Further criminal convictions and subsequent detention led to further bridging visa grants on departure grounds. The applicant sought release from immigration detention for medical treatment, claiming homelessness and mental health issues, and alleging loss of important documents and support.

The primary legal issue before the court was whether the applicant satisfied the threshold criteria for a Bridging E visa under clause 050.212 of the Migration Regulations 1994 at the time of his application, and whether he continued to meet these criteria at the time of the decision, as required by clause 050.221. The court was also required to consider whether the applicant met the criteria for a Bridging (Protection Visa Applicant) visa (Subclass 051), as his application was also considered on this basis.

The court found that the applicant did not satisfy the criteria for a Bridging E visa. It noted that the applicant had not made an application for a substantive visa, and his stated intentions to apply for a protection or student visa were not considered genuine. The court also found that the applicant lacked the necessary resources, material support, or advice to establish eligibility under the specified grounds. Consequently, it was not necessary to consider the applicant's compliance with visa conditions. Furthermore, the applicant was not considered a relevant eligible non-citizen for the grant of a Bridging (Protection Visa Applicant) visa.

The court affirmed the decision not to grant the applicant a Bridging E (Class WE) visa.