1916999 (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister to refuse a Bridging B (Class WB) visa. The applicant, who arrived in Australia in August 2014 and applied for a protection visa in January 2018, sought to travel to [Country 1] for medical treatment or to visit family. The delegate refused the visa, finding the applicant's stated reasons for travel were not substantial, as required by the Migration Regulations. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant's reasons for wishing to leave and re-enter Australia were "substantial" as required by subclause 020.212(2)(d) of the Migration Regulations. The Tribunal also considered whether the applicant met other relevant criteria for the Bridging B visa, including having a valid application for a substantive visa that had not yet been determined and wishing to depart and re-enter Australia during its processing.

The Tribunal considered departmental policy guidelines, which suggest "substantial reasons" include those that are "real," "actual," "important," and of "real worth or value." These reasons can encompass matters related to employment, education, family, or personal circumstances arising from protracted visa processing. The applicant provided evidence of financial hardship in Australia, adverse experiences in shared accommodation and at work, and a desire to seek treatment from his family doctor in [Country 1], who was familiar with a long-standing injury. He also stated he had no family support in Australia and felt depressed. The Tribunal found that the applicant had made a valid application for a substantive visa and wished to travel during its processing, thus meeting some criteria.

Ultimately, the Tribunal remitted the matter for reconsideration by the Department. The Tribunal directed that the applicant met the criteria under clauses 020.211, 020.212, and 020.221 of Schedule 2 to the Migration Regulations. This remittal allowed for further consideration of the substantiality of the applicant's reasons for travel.