Tran (Migration)

This matter concerned an application for a Bridging E (Class WE) visa by Mr Tran, a citizen of Vietnam. Mr Tran had been in Australia since 2010, with his last substantive visa application being refused in 2014. He subsequently became an unlawful non-citizen in April 2015. In September 2017, Mr Tran was remanded in custody for drug cultivation and was detained under section 189(1) of the Migration Act 1958 (Cth) upon his release, before being transferred to immigration detention. The decision under review was made by the Migration Review Tribunal.

The primary legal issues before the Tribunal were whether Mr Tran met the criteria for the grant of a Bridging E visa, specifically subclause 050.212(2) concerning acceptable arrangements to depart Australia, and clause 050.223, which requires the Tribunal to be satisfied that the applicant will abide by any conditions imposed on the visa.

In relation to subclause 050.212(2), the Tribunal was satisfied that Mr Tran was making acceptable arrangements to depart Australia, accepting that his partner had purchased a one-way ticket to Vietnam and despite some initial concerns about the validity of his passport. However, when considering clause 050.223, the Tribunal found that Mr Tran did not meet the criteria. The Tribunal reasoned that relevant considerations for assessing an applicant's likely conduct included their past immigration history, previous breaches of immigration laws, the significance and wilfulness of those breaches, and any contrition shown. Given Mr Tran's criminal record for drug cultivation and his prolonged period of unlawful status in Australia, the Tribunal concluded that he had demonstrated a disregard for Australian laws and was unlikely to abide by the conditions of a bridging visa.

Consequently, the Tribunal affirmed the decision not to grant Mr Tran a Bridging E (Class WE) visa, as he failed to satisfy clause 050.223.