Kamboj (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by an applicant, an Indian citizen, concerning the decision not to grant him a Bridging E (Class WE) visa. The applicant had arrived in Australia on a student visa in August 2018 and was subsequently arrested in November 2018 for stalking and intimidation of a child, as well as possession of child abuse material. He was convicted of these offences in July 2019, leading to his student visa being cancelled in February 2020. The AAT affirmed the delegate's decision to refuse the bridging visa.

The primary legal issue before the Tribunal was whether the applicant would abide by the conditions imposed on any visa granted to him, as required by clause 050.223 of the Migration Regulations 1994. This clause mandates that the Tribunal must be satisfied that the applicant will comply with visa conditions. The Tribunal also considered the applicant's eligibility for a Subclass 051 (Bridging (Protection Visa Applicant)) visa, which he did not meet.

In its reasoning, the Tribunal found that the applicant had demonstrated a concerning lack of regard for Australian law, evidenced by his criminal convictions and his dismissive attitude towards them. Despite being subject to an Intensive Correction Order, a Community Correction Order, an Apprehended Violence Order, and inclusion on a Child Protection Register, the applicant displayed an apparent unawareness of the orders to which he was bound and claimed ignorance of his visa conditions. The Tribunal considered the applicant's past conduct, including his wilful breach of significant laws and lack of remorse, as indicative of a likelihood that he would not abide by future visa conditions, particularly the condition not to engage in criminal conduct.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Bridging E (Class WE) visa, as it was not satisfied that he would comply with the conditions that would be imposed. The applicant also failed to meet the eligibility requirements for a Subclass 051 Bridging visa.