Goh (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Goh for a Bridging E (Class WE) visa. The central dispute concerned whether Mr. Goh was making, or was the subject of, acceptable arrangements to depart Australia, a criterion for the visa. Mr. Goh had been located by Australian Border Force officers and was in immigration detention.

The Tribunal was required to determine if Mr. Goh met the requirements of subclause 050.212(2) of the Migration Regulations 1994, which mandates that an applicant be making, or be the subject of, acceptable arrangements to depart Australia. This criterion needed to be satisfied at the time of the visa application and at the time of the decision. The Tribunal also considered whether Mr. Goh's intentions in making any such arrangements were genuine.

The Tribunal reasoned that Mr. Goh did not satisfy the criterion. While he claimed to be making arrangements to depart, he had an expired passport and only a flight reservation, not a confirmed ticket. Crucially, during a Located Person Interview, Mr. Goh stated he did not intend to depart Australia willingly and expressed a desire to apply for a substantive visa to remain in Australia, citing his family's presence. This contradicted his claim of making arrangements to depart and indicated a lack of genuine intention to leave. The Tribunal also noted that Mr. Goh did not meet the criteria for a Bridging (Protection Visa Applicant) visa.

Consequently, the Tribunal affirmed the decision not to grant Mr. Goh a Bridging E (Class WE) visa.