He (Migration)

The applicant sought review of a decision by the Department of Home Affairs to refuse to grant a Bridging E (Class WE) visa. The applicant had arrived in Australia in February 2016 on a student visa, which was subsequently cancelled in July 2017 due to non-enrolment and unsatisfactory course progress. The applicant remained in Australia as an unlawful non-citizen until his location in September 2019, at which point he was detained and applied for a protection visa. This protection visa application triggered the application for the Bridging E visa, which is the subject of the review before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Bridging E visa, specifically whether the delegate was satisfied that the applicant would comply with visa conditions. The delegate had considered imposing conditions such as no work, no study, reporting requirements, and notification of address changes. The delegate's refusal was based on the applicant's migration history, including the cancellation of his student visa for non-compliance, his continued work and operation of businesses in Australia after visa cancellation, and his failure to notify the Department of changes of address or to attempt to regularise his immigration status for over two years.

The Tribunal affirmed the delegate's decision, finding that the applicant had demonstrated an intention to remain and work in Australia, lawfully or unlawfully, and had no intention of studying. The Tribunal noted the applicant's acknowledgment of being aware of his unlawful status and his previous visa expiry, coupled with his continued engagement in business activities. The delegate's conclusion that the applicant would not abide by visa conditions, particularly those relating to work, reporting, and notification of address changes, was found to be reasonable. Furthermore, the Tribunal noted that the applicant did not meet the requirements for a Subclass 051 (Bridging (Protection visa Applicant)) visa.