2424058 (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Bridging E (Class WE) visa. The applicant sought review of this decision before the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for the grant of the Bridging E visa, specifically under subclauses 050.212(2) and 050.212(3) of the relevant regulations, and whether the applicant would abide by the conditions of the visa. The Tribunal was required to determine if the applicant had made, or was the subject of, acceptable arrangements to depart Australia, and if the applicant had made, or would make, a valid application for a substantive visa.

The Tribunal considered the applicant's submissions that he had attempted to contact a previous sponsor to facilitate an application for a Training (Subclass 407) visa. While acknowledging that the applicant had not made concrete arrangements to depart Australia at the time of his application, the Tribunal found that the applicant's intention to seek out visa options constituted acceptable arrangements to depart Australia prior to his departure. Consequently, the Tribunal was satisfied that the applicant met the criterion under subclause 050.212(2). However, the Tribunal also noted that the applicant was not a relevant eligible non-citizen for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, which was also applied for.

The Tribunal affirmed the delegate's decision not to grant the applicant a Bridging E (Class WE) visa.