1929529 (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister of Home Affairs to refuse to grant the applicant, a citizen of Sri Lanka, a Bridging B (Class WB) visa. The applicant had arrived in Australia in March 2013 and had held various bridging visas since March 2015 while awaiting the determination of a protection visa application. The delegate refused the bridging visa on the basis that the applicant did not satisfy clause 020.212(2)(d) of the Migration Regulations 1994, which requires the Minister to be satisfied that the applicant's reasons for wishing to leave and re-enter Australia during the processing of a substantive visa application are substantial.

The court was required to determine whether the applicant's stated reasons for wishing to travel overseas and re-enter Australia were substantial, thereby satisfying the criteria for the grant of a Bridging B visa under clause 020.212(2)(d) of the Migration Regulations. The applicant had indicated an intention to travel to his country of origin to visit his son for his birthday and to spend time with his family, citing feelings of loneliness and anxiety due to his uncertain future in Australia.

The court found that the applicant's reasons for wishing to travel were substantial. The applicant had provided evidence of a genuine intention to travel, including flight bookings and details of his intended accommodation. Furthermore, his stated desire to visit his son for his birthday and to seek support from his family during a difficult period in his life were considered significant personal reasons. The court noted the applicant's history of previous travel on bridging visas and his successful re-entry into Australia, which supported his claim of a genuine intention to travel and return.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria for a Subclass 020 visa, specifically clause 020.212(2)(b) of Schedule 2 to the Regulations.