2217096 (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister to refuse to grant the applicant, a citizen of China, a Bridging B (Class WB) visa. The applicant had applied for this visa on 10 November 2022. The delegate refused the application on 18 November 2022, finding that the applicant did not satisfy clause 020.211 of Schedule 2 to the Migration Regulations 1994 (Cth). The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 020.211 of Schedule 2 to the Migration Regulations. This clause requires an applicant for a Bridging B (Class WB) visa to be the holder of either a Bridging A (Class WA) visa or a Bridging B (Class WB) visa at both the time of application and the time of decision. The Tribunal was required to determine if the applicant met this criterion.

The Tribunal's reasoning focused on the applicant's concession that she did not satisfy clause 020.211. The applicant had applied for the Bridging B visa on 10 November 2022, at which time she did not hold a Bridging A (Class WA) visa or a Bridging B (Class WB) visa. Although the applicant was subsequently granted a Bridging A (Class WA) visa on 13 December 2022, this did not satisfy the requirement that she hold one of the specified bridging visas at the time of her application for the Bridging B visa. Furthermore, the applicant was required to satisfy the criteria at both the time of application and the time of decision. Based on the applicant's concession and the evidence, the Tribunal found that the applicant did not satisfy clause 020.211.

Consequently, the Tribunal affirmed the decision of the delegate dated 18 November 2022, which refused to grant the applicant a Bridging B (Class WB) visa.