Lea (Migration)

The Administrative Appeals Tribunal considered an application for a Bridging E (Class WE) visa made by an applicant who had been in Australia unlawfully for over 18 months. The applicant sought to meet the criteria under subclause 050.212(3) of the Migration Regulations 1994, which requires an applicant to have made a valid application for a substantive visa that has not been finally determined, or to satisfy the Tribunal that they would apply for such a visa within a specified period.

The Tribunal was required to determine whether the applicant met the criteria for the Bridging E visa, specifically whether he had made a valid application for a substantive visa or would apply for one within a specified period. The applicant had expressed ambivalence about applying for a Protection visa due to concerns about future entry to Australia if refused, and also mentioned a potential interest in a Student visa, though he could not articulate specific course or institution details.

The Tribunal reasoned that the applicant had not demonstrated a genuine intention to apply for a substantive visa. His statements regarding a Protection visa were conditional and lacked conviction, and his contemplation of a Student visa was vague and unsupported by concrete plans. Given the applicant's prolonged period of unlawful residence, the Tribunal found that he had ample opportunity to regularise his visa status by making a substantive visa application. The Tribunal also noted that the applicant did not meet the criteria for a Bridging (Protection Visa Applicant) visa.

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