Were (Migration)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse to grant the applicant a Bridging E (Class WE) visa. The applicant's visa history included periods as an unlawful non-citizen, and he had not applied for a substantive visa. The applicant had also breached an intervention order, leading to imprisonment, and had failed to notify authorities of a change of address. Information regarding previous and pending criminal charges was not disclosed in the bridging visa application or during oral evidence to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Bridging E (Class WE) visa, specifically clause 050.223 of Schedule 2 to the Migration Regulations 1994 (Cth). This clause requires the Tribunal to be satisfied that the applicant will abide by any conditions imposed on the visa if it were granted. In determining this, the Tribunal was required to consider the applicant's likely future conduct, taking into account his immigration history, previous breaches of migration laws, the wilfulness of those breaches, any mitigating circumstances, and evidence of contrition.

The Tribunal considered the applicant's immigration history, which included his prospective marriage visa ceasing, followed by periods where he was granted and then his bridging visas ceased, rendering him an unlawful non-citizen. Crucially, the Tribunal noted the applicant's contravention of an intervention order, which resulted in imprisonment. The Tribunal found that the applicant lacked insight into his offending behaviour and had not demonstrated contrition. Furthermore, the applicant had failed to notify authorities of a change of address and had engaged in work while an unlawful non-citizen. The Tribunal concluded that these factors indicated a likelihood that the applicant would not abide by the conditions of a bridging visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Bridging E (Class WE) visa, finding that he did not satisfy the criteria for its grant.