2413228 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by a male applicant from Malaysia, who had been in Australia unlawfully for extended periods since his arrival in June 2015. The applicant sought to satisfy the criteria for the visa by demonstrating that he was making acceptable arrangements to depart Australia, citing his wife's pregnancy as a reason for the delay in departure and the need for specific documentation from Australia for her to register her pregnancy in Malaysia. The applicant also applied for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, which was also refused.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 050.212(2) of the Migration Regulations 1994, which requires the applicant to be making, or be the subject of, acceptable arrangements to depart Australia. The Tribunal was also required to consider the genuineness of the applicant's intentions in making any such arrangements, drawing guidance from departmental guidelines and relevant case law. A secondary issue was whether the applicant met the criteria for a Subclass 051 Bridging (Protection Visa Applicant) visa.

The Tribunal affirmed the delegate's decision not to grant the Bridging E visa. It found that the applicant had not made acceptable arrangements to depart Australia, noting his lengthy periods of unlawful residence, his failure to present a travel ticket and valid passport to the Department as previously agreed, and his disengagement from the Department. The Tribunal also considered the applicant's stated intention to depart in June 2024, but found it unconvincing given his past conduct and the lack of concrete steps taken towards departure. Furthermore, the applicant did not meet the criteria for a Subclass 051 Bridging (Protection Visa Applicant) visa as he was not a relevant eligible non-citizen.