2429454 (Migration)

The applicant sought review of a decision not to grant a Bridging E (Class WE) visa, and also applied for a Bridging (Protection Visa Applicant) visa (Subclass 051). The applicant had a complex migration history, including a lengthy period of unlawful residence and employment in Australia, and had previously applied for a protection visa which was refused and subsequently dismissed by the Tribunal on review due to the applicant's failure to appear at a hearing. The applicant's last bridging visa ceased in June 2024, and he had been in immigration detention since August 2024.

The primary legal issues before the Tribunal were whether the applicant satisfied the criteria for the grant of a subclass 050 Bridging E visa, and if not, whether he satisfied the criteria for a subclass 051 Bridging (Protection Visa Applicant) visa. Specifically, for the subclass 050 visa, the Tribunal had to determine if the applicant was making, or was the subject of, acceptable arrangements to depart Australia, as required by subclause 050.211(2) and continued under cl 050.221.

The Tribunal found that the applicant met the initial criteria for a subclass 050 visa as he was an unlawful non-citizen at the time of application and decision. However, the Tribunal determined that the applicant did not satisfy the criterion under cl 050.212(2) concerning acceptable arrangements to depart Australia. While the applicant relied on upcoming criminal hearings as the basis for his application, the Tribunal, referencing departmental guidelines and case law such as *Chen* and *Lin*, considered whether the arrangements were genuine and acceptable. The Tribunal concluded that the applicant had not demonstrated acceptable arrangements to depart Australia. Furthermore, the applicant did not meet the requirements for a subclass 051 visa as he was not a relevant eligible non-citizen under cl 051.211.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa and also found that the applicant did not meet the requirements for a Bridging (Protection Visa Applicant) visa.