Cai (Migration)

This matter concerned an application for review of a delegate's decision to refuse to grant Mr Yonghe Cai, a Chinese national and New Zealand permanent resident, a Bridging E (Class WE) visa (Subclass 050). Mr Cai had arrived in Australia in 2015 and held various visitor and partner visas. His provisional Partner (Subclass 820) visa ceased in January 2020, and his associated Bridging A visa ceased in February 2020, rendering him an unlawful non-citizen. He was subsequently detained in immigration detention after being released from prison in Queensland. The delegate refused the Bridging E visa because they were not satisfied Mr Cai would abide by certain conditions that would be attached to the visa, specifically relating to reporting and not engaging in criminal conduct.

The Tribunal was required to determine whether Mr Cai met the criteria for a Subclass 050 Bridging E visa, specifically cl.050.223 of the Migration Regulations 1994, which mandates that the applicant must satisfy the Minister or Tribunal that they will abide by any conditions imposed on the visa. The Tribunal also considered whether Mr Cai met the requirements of cl.050.211 (regarding immigration status) and cl.050.212 (regarding acceptable arrangements to depart Australia).

The Tribunal found that Mr Cai satisfied cl.050.211 as he was an unlawful non-citizen and not an eligible non-citizen of a kind excluded by the regulations. It also found that he satisfied cl.050.212(2) by making acceptable arrangements to depart Australia, intending to travel to New Zealand and having sufficient funds for a ticket. However, the central issue was cl.050.223. The Tribunal noted Mr Cai had one criminal conviction and seven pending charges, had breached bail conditions, and had a continuing police protection notice. It found that Mr Cai demonstrated no understanding of his criminal circumstances, no genuine insight or remorse, and displayed an uncooperative attitude towards police and border force. Consequently, the Tribunal was not satisfied that Mr Cai would abide by the conditions of a Bridging E visa, and therefore affirmed the delegate's decision to refuse the visa.