Thai (Migration)

This matter concerned an application for a Bridging E (Class WE) visa, subclass 050, by a citizen of Vietnam. The applicant sought to satisfy criterion 050.212(2), which requires the applicant to be making, or be the subject of, acceptable arrangements to depart Australia. The Tribunal was required to determine whether the applicant met this criterion at the time of his application and continued to meet it at the time of the decision.

The legal issues before the Tribunal were whether the applicant had made "acceptable arrangements to depart Australia" and whether his intentions in making any such arrangements were genuine. The Tribunal considered the applicant's extensive migration and criminal history, which included remaining in Australia as an unlawful non-citizen for a substantial period, his conviction for cultivating a commercial quantity of drugs and fraudulent use of a licence, and his subsequent imprisonment and release on parole. The Tribunal also considered the applicant's stated desire to visit his son, his limited contact with his son prior to his detention, and the fact that he had purchased an airline ticket only after the hearing.

The Tribunal reasoned that "acceptable arrangements" is not a defined term and that while departmental guidelines offer guidance, the genuineness of the applicant's intentions is paramount. Despite the applicant's stated desire to visit his son and his purchase of a ticket, the Tribunal found no evidence of concrete arrangements to depart Australia. The applicant's history of unlawful status and his strong ties to his son and former girlfriend were considered significant incentives for him to remain in Australia. The Tribunal concluded that the applicant had not demonstrated that he was making acceptable arrangements to depart Australia, nor that his intentions were genuine.

Accordingly, the Tribunal affirmed the decision under review, finding that the applicant did not meet the requirements of subclause 050.212(2).