2410074 (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Bridging E (Class WE) visa. The applicant, a male from China, had arrived in Australia in June 2018 on a Student visa and had remained in Australia unlawfully since April 2021 after his Visitor visa application was refused and his associated Bridging visa ceased. The applicant had a significant criminal history, having been convicted of drug-related offences in December 2022 and sentenced to a term of imprisonment. He was released on parole in April 2024 and immediately detained under s 189 of the Act. The application for the Bridging E visa was made in conjunction with an application for a permanent Protection visa.

The primary legal issue before the Tribunal was whether the applicant met criterion 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 if granted. The Tribunal was also required to determine the conditions that should be imposed on the visa, pursuant to Division 050.6 of the Regulations, and whether the applicant would comply with those conditions. Specifically, the Tribunal considered whether the applicant met the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, which was also applied for.

In determining whether the applicant would abide by visa conditions, the Tribunal considered the applicant's past immigration history, including his period of unlawful residence and his criminal convictions. The Tribunal noted that clause 050.613A mandated the imposition of condition 8101 (NO WORK) on the Bridging visa in the applicant's circumstances. The Tribunal also considered imposing further conditions, including 8207 (NO STUDY), 8401 (REPORT AT SPECIFIED TIME AND PLACE), 8506 (NOTIFY CHANGE OF ADDRESS), and 8564 (NO CRIMINAL CONDUCT). The Tribunal found that the applicant did not meet the requirements for the grant of a Subclass 051 visa as he was not a relevant eligible non-citizen under clause 051.211.

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