He (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Bridging E (Class WE) visa, Subclass 050. The applicant, a citizen of China, had a complex migration history in Australia, including multiple visa refusals and periods as an unlawful non-citizen. The core dispute revolved around whether the applicant met the criteria for the Bridging E visa, specifically whether he was making arrangements to depart Australia and had not applied for a substantive visa.

The Tribunal was required to determine if the applicant satisfied the criteria for a Bridging E visa, as set out in clause 050.212 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant genuinely intended to depart Australia and had not lodged an application for a substantive visa. The Tribunal also considered whether the applicant met the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, which he did not.

The Tribunal affirmed the delegate's decision not to grant the Bridging E visa. The applicant's submission that he was making arrangements to depart Australia was not accepted as satisfying the criteria, particularly given his history of remaining in Australia unlawfully and working without a valid visa. The Tribunal found no evidence that the applicant had applied for a substantive visa, a requirement under clause 050.212(3). The applicant's stated intention to depart and apply for an offshore partner visa, supported by a flight ticket and personal circumstances, was not sufficient to overcome the lack of compliance with the visa requirements.

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