2435212 (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by an unlawful non-citizen who had a criminal conviction. The applicant’s partner and son are Australian citizens. The applicant had applied for a partner visa and expressed remorse for his past actions, indicating a limited understanding of visa application formalities. The Tribunal was required to determine whether the applicant would abide by the conditions imposed on a Bridging E visa.

The legal issues before the court were whether the applicant met the 'time of application' criteria for a Bridging E visa, and subsequently, whether he met the 'time of decision' criteria, specifically clause 050.223 of the Regulations. This latter criterion required the court to consider all circumstances and be satisfied that the applicant would comply with any imposed visa conditions. The court also had to consider the applicant's criminal behaviour, his stated commitment to rehabilitation, and the support provided by his partner.

The court reasoned that the applicant met the 'time of application' criteria as he was an unlawful non-citizen intending to apply for a substantive visa in Australia. The 'time of decision' criteria were also met, including the requirement for an interview. Crucially, regarding clause 050.223, the court accepted the applicant's evidence regarding his vow to cease drinking and his commitment to counselling. The court was satisfied that the applicant’s partner would ensure compliance with reporting and address change conditions, and that the applicant would not engage in criminal conduct.

The court found that the applicant would abide by the conditions imposed on a Bridging E visa and therefore remitted the decision for reconsideration.