Protection Visa and Bridging Visa B
In many cases, applicants for protection visa who wish to travel to their home country get their bridging visa B (BVB) application refused. The decision-maker usually states in the refusal letter that they are not satisfied that ‘the reasons for travel are substantial to warrant the grant of a visa to allow the applicant to travel to the country from which they are seeking protection’ – and therefore, the application does not meet clause 020.212(2)(d) of Schedule 2 of the Migration Regulations 1994 that states:
020.212
….
(2) …
(d) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial.
Substantial Reasons to be Granted a Bridging Visa B (BVB) While Waiting for the Protection Visa to be Granted
We had the same experience in that a client (who is a protection visa applicant) was refused her bridging visa B because her reason for travel to ‘visit family’ is not substantial. This instance does not usually happen in other cases where it does not involve protection visa applicants. Is this fair and correct?
Arguably, no. Of course, each case is different, and every application must be assessed based on its own merits. However, the decision-maker, in refusing an application, must give written reasons for why the relevant criterion was not met, per section 66 of the Migration Act 1958. That is, if the application was refused because it does not meet the above clause, it must be stated why visiting family is not a substantial reason.
Secondly, there is no wording in cl.020.212(2)(d) as above that suggest different treatment or assessment for protection visa applicants. In addition, the applicant’s right to freedom of movement also needs to be considered, unless in limited exceptional circumstances, such as if it is a matter of national security.
Thirdly, the Departmental policy is also not to be applied strictly and inflexibly. If the decision maker makes unreasonable and discriminatory decision beyond the legal power that is vested on them, it constitutes jurisdictional error.
While such refusal can be appealed to the Administrative Appeals Tribunal (AAT), the long processing time and financial costs are unnecessary burden that clients must bear – which is not entirely fair.
How Can We Help You?
If you have been refused a visa before, or if you are a protection visa applicant and have concern whether you can travel overseas, feel free to contact us for free assessment.
At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters. You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian, Spanish and Malay. If these aren’t your language, we can also help you arrange an interpreter.