2431885 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by an applicant whose application for a permanent Subclass 186 visa was still pending. The delegate refused to grant the Bridging E visa on the basis that the applicant would not abide by the condition that they must not engage in criminal conduct. The applicant had significant criminal convictions, including aggravated sexual assault, and had previously breached bail conditions.

The court was required to determine whether the applicant would abide by the condition that they must not engage in criminal conduct, as stipulated for a Bridging E visa. This involved assessing the applicant's past conduct, the nature of their offending, and any evidence of rehabilitation or remorse. The court also had to consider the applicant's ongoing application for a Subclass 186 visa, which was a prerequisite for meeting the eligibility criteria for the Bridging E visa.

The court considered the applicant's criminal history, including convictions for aggravated sexual assault, influencing a witness, and perverting the course of justice, for which they received a substantial prison sentence. The court also noted the applicant's breach of bail conditions. However, the court also took into account evidence presented by the applicant, including a psychological assessment, certificates of completion for rehabilitation courses such as Child Safety for Parents and Understanding Addiction, and evidence of remorse and insight into their offending. The court acknowledged the applicant's continued contact with and support from his ex-wife, who was the victim of the offending step-child, and the impact on their child. Given the applicant's efforts towards rehabilitation and the fact that his substantive visa application was still pending, the court remitted the decision for re-assessment.