Sawau (Migration)

The Administrative Appeals Tribunal considered the applications of Sawau and another applicant for Bridging E (Class WE) visas. The core dispute concerned whether the applicants met the primary criteria for the grant of such a visa, specifically the requirement to be making or be the subject of acceptable arrangements to depart Australia.

The Tribunal was required to determine if the applicants satisfied subclause 050.212(2) of the Migration Regulations 1994, which mandates that an applicant be making or be the subject of acceptable arrangements to depart Australia. This criterion needed to be met at the time of the visa application and continue to be satisfied at the time of the decision. The Tribunal also considered whether the applicants' intentions in making any departure arrangements were genuine, drawing guidance from case law and the Department's Procedures Advice Manual.

The Tribunal reasoned that while the initial delegate was satisfied the applicants met the criterion based on having no outstanding migration matters, this conclusion was unclear and undermined by other evidence. The applicants had previously been granted Bridging E visas on multiple occasions for departure, but had breached conditions requiring them to depart Australia or present a valid travel ticket. Crucially, both applicants had stated shortly after their current visa applications that they were not leaving Australia and would not comply with the departure condition. Their subsequent explanation that they did not understand migration law and relied on others' advice did not satisfy the Tribunal that they were making or were the subject of acceptable arrangements to depart Australia at the time of their application. Furthermore, the applicants did not meet the criteria for a Bridging (Protection Visa Applicant) visa.

Consequently, the Tribunal affirmed the decisions not to grant the applicants Bridging E (Class WE) visas.