Ramphal (Migration)

This matter concerned an application for review by Ms Jayshree Ramphal and her daughter, Ms Dhishali Ramphal, of a decision by a delegate to refuse to grant them Bridging A (Class WA) visas. The applicants had applied for these visas on 30 June 2022, and the delegate refused the applications on 12 July 2022, finding that the applicants did not satisfy clause 010.211 of Schedule 2 to the Migration Regulations 1994. The applicants subsequently applied to the Administrative Appeals Tribunal (the Tribunal) for a review of this decision.

The Tribunal was required to determine whether the applicants satisfied the criteria for the grant of a Bridging A visa, specifically clause 010.211 of Schedule 2 to the Migration Regulations 1994. The applicants had conceded that they did not meet these criteria and sought a decision from the Tribunal to enable them to request the Minister to exercise powers under section 351 of the Migration Act 1958 to substitute a more favourable decision. The applicants also requested that the Tribunal recommend their case to the Minister for consideration under section 351.

The Tribunal reasoned that the applicants were required to satisfy clause 010.211 at both the time of their visa application and at the time a decision was made, as per clauses 010.21 and 010.221 of the Regulations. The applicants had provided information indicating they were seeking the bridging visas while an application for a contributory parent visa was in progress, citing compelling and compassionate reasons related to their daughter's education. However, the Tribunal found that the applicants did not satisfy any of the subclauses within clause 010.211, including subclauses (2), (3), (4), (5), or (6). The Tribunal also clarified that it had no statutory or discretionary power to "refer" a matter to the Minister for consideration under section 351, as its role was solely to determine whether the applicants met the visa criteria.

Consequently, the Tribunal affirmed the decision to refuse to grant the Bridging A (Class WA) visas. The Tribunal noted that the applicants were at liberty to apply directly to the Minister to exercise powers under section 351 of the Act.