Sharma (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by an applicant whose Student Subclass 500 visa had been cancelled due to criminal history. The applicant also sought a Subclass 051 (Bridging (Protection Visa Applicant)) visa. The decision was made by a Member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a Bridging E visa, specifically clauses 050.211, 050.212, and 050.222 of Schedule 2 to the Regulations, and whether the applicant would abide by visa conditions as per clause 050.223. Additionally, the Tribunal had to determine if the applicant met the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa under clause 051.211.

The Tribunal found that the applicant met clause 050.211 as he was an unlawful non-citizen at the time of his application and was not an eligible non-citizen of the specified kinds. The Tribunal also found that the applicant met clause 050.212, specifically subclause (4)(b), as he had lodged a pending merits review in relation to his cancelled student visa. Furthermore, the applicant satisfied clause 050.222 as he was interviewed by an authorised officer. However, the Tribunal determined that the applicant did not meet the criteria for the Subclass 051 visa because he was not a relevant eligible non-citizen under clause 051.211.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa, and also found that the applicant did not meet the requirements for the Subclass 051 visa.