2318216 (Migration)

This matter concerns an application for merits review of a delegate's decision to refuse Bridging B (Class WB) visas to the applicants, a married couple from India. The applicants had applied for these visas to allow them to depart Australia and return while their protection visa applications were being processed. The delegate refused the visas on the basis that the applicants did not satisfy clause 020.212 of Schedule 2 to the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was whether the applicants had demonstrated a "substantial reason" for wishing to leave and re-enter Australia, as required by clause 020.212(2)(d) of the Migration Regulations. This clause is a criterion for the grant of a Bridging B visa when an applicant has a pending substantive visa application and wishes to travel. The Tribunal was required to consider the evidence presented by the applicants regarding their reasons for travel.

The Tribunal considered evidence that the first applicant's mother was critically ill with both physical ailments and dementia, requiring significant care and potentially being in palliative care. Further evidence indicated that the applicants also wished to travel to India to attend the wedding of their daughter, which was scheduled to take place shortly after their proposed departure. The Tribunal found that the need to care for a seriously ill family member constituted a substantial reason for travel. The Tribunal also noted that the applicants had lodged valid protection visa applications which were yet to be determined, and that they intended to return to Australia during the processing of these applications.

The Tribunal set aside the delegate's decision and remitted the visa applications back to the delegate for reconsideration. The Tribunal directed that the applicants satisfy clause 020.212(2) of Schedule 2 to the Migration Regulations 1994 (Cth) for the grant of the visa.