2428909 (Migration)

The applicant sought review of a decision not to grant a Bridging E (Class WE) visa. The applicant arrived in Australia in April 2007 and had their student visa cancelled in April 2009 due to non-compliance with a condition requiring full-time enrolment. The applicant remained in Australia unlawfully and employed for over 15 years until being identified by police in August 2024, at which point they were taken into immigration detention and applied for a protection visa, which also triggered an application for a Bridging E visa.

The primary legal issue before the Tribunal was whether the applicant would abide by the conditions of a Bridging E visa, as required by clause 050.223 of the Migration Regulations 1994. This clause mandates that the Tribunal must be satisfied that the applicant will comply with any imposed conditions. The Tribunal also considered whether the applicant met the requirements for a Bridging (Protection Visa Applicant) visa (Subclass 051), noting that the applicant was not a relevant eligible non-citizen under clause 051.211.

In its reasoning, the Tribunal noted that clause 050.223 requires consideration of the applicant's likely future conduct. The Tribunal identified that condition 8101, prohibiting engagement in work in Australia, is mandatory. Given the applicant's history of unlawful residence and employment for over 15 years, the Tribunal concluded that it could not be satisfied that the applicant would abide by the conditions of a Bridging E visa, even with the imposition of security or other conditions such as reporting requirements (condition 8401) and notification of address changes (condition 8506). The Tribunal also found that the applicant did not meet the criteria for a Subclass 051 Bridging visa.

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