Kour (Migration)

The applicants sought judicial review of the Administrative Appeals Tribunal's decision to affirm the refusal of their Bridging B (Class WB) visas. The applicants were the wife and son of a primary visa holder whose student visa refusal was under judicial review. They had not been included in the primary visa holder's application for judicial review, which meant they were not eligible for Bridging A visas in association with that application.

The primary legal issue before the court was whether the applicants met the criteria for the grant of a Subclass 020 (Bridging (Class WB)) visa, specifically clause 020.211 of the Migration Regulations 1994. This clause requires applicants to hold a Bridging A or Bridging B visa at the time of application. The court was required to determine the applicants' visa status at the time they applied for the Bridging B visas and at the time of the Tribunal's decision.

The Tribunal reasoned that the applicants did not satisfy clause 020.211 because they did not hold any visas at the time they applied for the Bridging B visas on 18 July 2023. Their previous Bridging A visas had ceased on 30 June 2023, and they were not granted any other visas until 27 October 2023, when they received Bridging C visas. The Tribunal also noted that the applicants currently held Bridging C visas, which further indicated they did not continue to meet the criteria. The applicants were invited to comment on this information but did not provide a response.

The Tribunal affirmed the decision not to grant the applicants Bridging B (Class WB) visas.