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[2022] AATA 2728
appellant. The Tribunal affirms the decision not to grant the applicant a Bridging E (Class WE) visa.
The Administrative Appeals Tribunal refused to grant a Chinese national a Bridging E visa that would have allowed him temporary release from immigration detention. The man had lived illegally in Australia for 10 years after his student visa expired in 2012. He claimed he now wanted to return to China but needed to be released to arrange his passport and flight. The Tribunal found he had taken no real steps to leave during his decade of unlawful stay, had allowed his passport to expire, gave inconsistent evidence, and showed no credible evidence that a friend would pay for his ticket. The Tribunal also found that given his history of illegal work and lack of remorse, he would likely break visa conditions by working illegally or disappearing if released. The refusal was upheld.
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Wang (Migration) [2022] AATA 2728 (28 June 2022)
DECISION: The Tribunal affirms the decision not to grant the applicant a Bridging E (Class WE) visa.
MIGRATION -Bridging E (Class WE) visa - Subclass 050 (Bridging (General)) - unlawful Non-Citizen - applicant made no genuine attempt to make arrangements to depart Australia - applicant made no attempt to regularise his visa status for a ten year period - not satisfied that the applicant currently has the documentation required to depart Australia - not satisfied that applicant would abide by conditions imposed on a bridging visa if granted to him -decision under review affirmed
Migration Regulations 1994, Schedule 2, cls 050.222, 050.223, Schedule 8
Applicant VAAN of 2001 v MIMA (VAAN) [2002] FCA 197; (2002) 70 ALD 289
Chen v MIMIA [2001] FCA 285
Lin v MIMIA [2001] FCA 283
Whether the applicant will abide by conditions - cl 050.223
8101 The holder must not engage in work in Australia.
(a) show an officer a passport that is in force; or
(b) make an arrangement satisfactory to the Minister to obtain a passport.
Conditions: 8505 - continue to live at the address specified by the holder before the grant of the visa, and 8506 - notify Immigration at least two working days in advance of any change in the holder's address
Conditions: 8510 - apply for a passport, 8511 - apply for a travel document and 8512 - to depart Australia by a specified date
Overall assessment of whether the applicant will comply with conditions
[2] the applicant's reference to 'they' was made when he was emphasising he had not provided fraudulent or false and misleading information when interviewed by immigration officials. This reflects aspects of his response in the LPI interview on 10 June 2022.
Applicant VAAN of 2001
MIMA
The Tribunal affirms the decision not to grant the applicant a Bridging E (Class WE) visa.