BHANDARI (Migration)

This matter concerned an application for a Bridging E visa by a 23-year-old citizen of Nepal who was in immigration detention. The applicant had arrived in Australia on a student visa, which was subsequently cancelled due to a breach of condition 8202. Following the cancellation, the applicant became an Unlawful Non-Citizen and was detained. The applicant then applied for a Bridging E visa, stating a desire to seek review of his student visa cancellation.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Bridging E visa, specifically whether he met the requirements of clause 050.212 of Schedule 2 to the Migration Regulations 1994 at the time of his application and at the time of the decision. This involved determining if the applicant had made a valid application for a substantive visa that had not been finally determined, or if he was making acceptable arrangements to depart Australia.

The Tribunal found that the applicant did not meet the criteria for the Bridging E visa. It reasoned that the applicant had failed to lodge an application for review of his student visa cancellation within the prescribed 28-day period after his visa was cancelled, and he had not sought to regularise his immigration status during that time. Furthermore, the Tribunal found no evidence that the applicant had any ongoing applications for a substantive visa, merits review, or judicial review, nor was there evidence that he would meet the primary criteria for any substantive visa. The applicant's stated intention not to depart Australia, due to shame and financial reasons, led the Tribunal to conclude he had no intention of making arrangements to leave the country.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant's Bridging E visa application was refused.