Ruffini (Migration)

The Administrative Appeals Tribunal considered the case of Ms Ruffini, who sought review of a decision not to grant her a Bridging E (Class WE) visa. Ms Ruffini had been in Australia since October 2015 on a Student (Subclass 572) visa as a dependent of Mr Giacomo Grassini. Her visa was cancelled in March 2018 after her relationship with Mr Grassini ended, and she subsequently remained in Australia without a valid visa.

The primary legal issue before the Tribunal was whether Ms Ruffini met the criteria for the grant of a Bridging E visa. This involved assessing her immigration status, her circumstances following the cancellation of her substantive visa, and whether she had made acceptable arrangements for her departure from Australia or had otherwise regularised her immigration status. The Tribunal also considered her intention to apply for a partner visa with her current fiancé, Mr Nikola Predojevic, and the financial implications of this.

The Tribunal affirmed the delegate's decision, finding that Ms Ruffini had not made acceptable arrangements for her departure from Australia. While she expressed an intention to marry Mr Predojevic and apply for a partner visa, the Tribunal noted that she had not applied for such a visa within the relevant timeframes and had not demonstrated that she had made adequate financial arrangements for her departure or to regularise her status. The Tribunal acknowledged Ms Ruffini's personal circumstances and her closing statement but concluded that these did not alter the assessment of her eligibility for the Bridging E visa under the relevant migration regulations.