2401076 (Migration)

The Administrative Appeals Tribunal considered an application for a Bridging E (Class WE) visa made by an applicant who had been convicted of significant domestic violence crimes and had breached an apprehended violence order on two further occasions. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether they would abide by any imposed visa conditions.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 050.223 of the Migration Regulations 1994, which requires the Tribunal to be satisfied that the applicant will abide by any conditions imposed on a bridging visa. In assessing this, the Tribunal considered the applicant's past conduct, including criminal convictions and breaches of legal orders, to determine their likely future behaviour. The Tribunal also considered the relevance of imposing a security to ensure compliance with visa conditions.

The Tribunal found that while the applicant met the criterion for seeking the visa under clause 050.212(8), they failed to satisfy clause 050.223. The Tribunal reasoned that given the applicant's criminal history, particularly the domestic violence convictions and repeated breaches of an apprehended violence order, there was a high risk of reoffending. Consequently, the Tribunal was not satisfied that the applicant would abide by the condition of not engaging in criminal conduct (condition 8564), even if a security were imposed. The Tribunal concluded that the applicant's past conduct indicated a lack of respect for legal obligations, making future compliance with visa conditions unlikely.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa.