Wang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant, a national of China, who sought review of a decision not to grant him a Bridging E (Class WE) visa. The applicant had been unlawfully in Australia for approximately ten years, having overstayed his student visa in 2011. He had been located by police on two occasions, the latter resulting in his detention, after which he applied for the bridging visa on the grounds that he was making arrangements to depart Australia.

The Tribunal was required to determine two key issues: first, whether the applicant was making, or was the subject of, acceptable arrangements to depart Australia; and second, if he were granted a bridging visa and released into the community, whether he would abide by any imposed conditions. The applicant's immigration history revealed a prolonged period of unlawful status, with no genuine attempt to regularise his position or depart Australia for a decade.

In reaching its decision, the Tribunal noted that the applicant had agreed with the accuracy of his immigration history during an interview. While he stated his intention to depart Australia, the Tribunal was not satisfied that he had made genuine arrangements to do so, nor that he would comply with the conditions of a bridging visa. The Tribunal found that the applicant had not demonstrated that he currently possessed the necessary documentation for departure.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa. The Tribunal also noted that the applicant did not meet the requirements for a Subclass 051 (Bridging (Protection Visa Applicant)) visa.