Shaqlane (Migration)

This matter concerned an application for a Bridging E (Class WE) visa, Subclass 050, by an applicant whose Special Category visa (Subclass 444) had been cancelled. The primary issue before the Tribunal was whether the applicant would abide by visa conditions, specifically focusing on the requirements of cl.050.223 of Schedule 2 to the Regulations. The applicant's immigration status was also a key consideration, with the Tribunal needing to determine if the applicant met the criteria under cl.050.211 and cl.050.212 at the time of application and continued to meet them at the time of the decision, as stipulated by cl.050.221.

The legal issues before the Tribunal were whether the applicant met the eligibility criteria for the Bridging E visa, specifically cl.050.211 and cl.050.212, and whether the applicant would abide by visa conditions as required by cl.050.223. The Tribunal was required to assess the applicant's immigration status, including whether they were an unlawful non-citizen or held a bridging visa, and whether they were an eligible non-citizen of a kind excluded by the regulations. Furthermore, the Tribunal had to consider if the applicant met any of the alternative criteria under cl.050.212, such as having applied for judicial review or merits review of a visa decision.

The Tribunal found that the applicant met cl.050.211 as they were an unlawful non-citizen at the time of application and did not fall within the excluded categories of eligible non-citizens. The Tribunal also determined that the applicant satisfied cl.050.212(4)(b) because they had applied for merits review of the decision to cancel their Special Category visa. The Tribunal concluded that the applicant met the relevant criteria for the Bridging E visa.

The Tribunal affirmed the decision under review.