2414855 (Migration)

This matter concerned an application for review of a decision to refuse a Bridging E (Class WE) visa. The applicant, a national of Pakistan, had arrived in Australia on a student visa and subsequently had his visa cancelled following a criminal conviction. After a series of unsuccessful visa applications and reviews, including a protection visa application, the applicant lodged the current Bridging E visa application. The Minister's delegate refused this application, and the applicant sought review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant continued to satisfy the criteria for a Bridging E visa, specifically clause 050.211 and clause 050.221 of the relevant regulations, at the time of the decision. Clause 050.211 requires the applicant to be an unlawful non-citizen, or the holder of a Bridging E visa or a Subclass 041 visa, and not an eligible non-citizen of certain kinds. Clause 050.221 mandates that the applicant must continue to satisfy this criterion at the time of the decision. The Tribunal also considered whether the applicant met the requirements for a Bridging (Protection Visa Applicant) visa (Subclass 051).

The Tribunal reasoned that the applicant's departure from Australia on 4 June 2024 meant he no longer met the criterion of being an unlawful non-citizen within the migration zone, as defined by section 14 of the Migration Act 1958. Furthermore, at the time of his departure, he did not hold a Bridging E visa or a Subclass 041 visa. Consequently, the Tribunal concluded that the applicant did not continue to satisfy clause 050.211 and therefore did not meet clause 050.221. The Tribunal also found that the applicant was not a relevant eligible non-citizen for a Bridging (Protection Visa Applicant) visa.

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