Leger (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Bridging B (Class WB) visa. The applicant, a citizen of Tonga who had been in Australia unlawfully for a significant period, sought to travel to Tonga to visit family. The delegate refused the application on the basis that the applicant did not meet the criteria under cl.020.212 of the Migration Regulations 1994. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements for a Bridging B visa, specifically cl.020.212 of the Migration Regulations 1994. This clause requires, among other things, that an applicant must have made a valid application for a substantive visa in Australia at the time of applying for the Bridging B visa. The Tribunal also considered whether the applicant continued to satisfy the relevant criteria at the time of the decision, as stipulated by cl.020.221.

The Tribunal found that the applicant had not made a valid application for a substantive visa in Australia at the time she applied for the Bridging B visa on 18 December 2020. Consequently, she failed to satisfy cl.020.212(2)(a) of the Regulations. The Tribunal reasoned that as this was the only relevant subclause for the applicant's circumstances, and she did not meet it, she therefore could not satisfy cl.020.212(3)(a), cl.020.212(4)(a), or cl.020.212(5)(a) either. As the applicant did not meet the criteria in cl.020.212(1), the Tribunal affirmed the delegate's decision.

The Tribunal affirmed the decision not to grant the applicant a Bridging B (Class WB) visa.