2431778 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by a Malaysian citizen who had been in Australia since April 2017 and had remained in the country unlawfully since July 2024. The applicant had applied for the Bridging E visa on the grounds that she was making arrangements to depart Australia. The Department refused the visa application on 3 September 2024, finding that the applicant did not meet the requirements of subclause 050.212 of Schedule 2 to the Regulations. The applicant sought review of this decision by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for the grant of a Bridging E (Class WE) visa, specifically subclause 050.212, which relates to making arrangements to depart Australia. The applicant's immigration history was extensive, involving multiple visa applications and refusals, and she had been in immigration detention since August 2024. A key issue was the applicant's ability to depart Australia, given that her Malaysian passport had expired in 2021 and she was unaware of how to obtain a new one in Australia, although she had been informed by the Department that she needed a temporary passport.

The Tribunal found that the applicant had made arrangements to depart Australia, evidenced by a booked flight ticket to Malaysia and an application for an Emergency Certificate from the Malaysian High Commission. Consequently, the Tribunal concluded that the applicant met the criteria under cl 050.212 and cl 050.221 of Schedule 2 to the Regulations. The Tribunal remitted the matter for reconsideration by the Minister, with the direction that the applicant met these specified criteria.