Takiari (Migration)

The Administrative Appeals Tribunal considered an application for a Bridging E (Class WE) visa (Subclass 050) made by an applicant seeking to depart Australia. The core dispute revolved around whether the applicant was making "acceptable arrangements to depart Australia," a criterion stipulated in subclause 050.212(2) of the Migration Regulations 1994. The applicant's initial application was refused by the Department because the delegate was not satisfied that the applicant's intention to depart was genuine, citing previous statements made to Australian Border Force officers and parole conditions.

The Tribunal was required to determine if the applicant met the criterion of making acceptable arrangements to depart Australia, as set out in cl.050.212(2). This involved assessing the genuineness of the applicant's intention to depart, particularly in light of conflicting statements made to authorities and the applicant's parole conditions. The Tribunal also had to consider the guidance provided by the Department's Procedures Advice Manual 3 and relevant case law, such as *Chen* and *Lin*, which permit consideration of the applicant's intentions and the genuineness of any arrangements made.

In its reasoning, the Tribunal acknowledged that "acceptable arrangements" is not a defined term in the Regulations. It considered evidence including a flight itinerary, a letter from the applicant's mother, and the applicant's ASIC Record of Registration for Business Name. The Tribunal accepted the explanation provided by the applicant's mother that the applicant's negative response to Australian Border Force officers was based on her advice to avoid immediate deportation, thus allowing him an opportunity to pack and say goodbye. The Tribunal found that the applicant did meet the criterion under cl.050.212(2).

Consequently, the Tribunal remitted the matter for reconsideration with the direction that the applicant meets the criteria for a Subclass 050 (Bridging (General)) visa, specifically cl.050.212(2). The Tribunal also noted that the applicant did not meet the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.