Bridging Visa B: Just Because You Can Travel Overseas Doesn’t Always Mean You Should
Bridging Visa B: Just because you can travel overseas doesn’t always mean you should
There was a collective feeling of hope and joy when Australia’s international borders reopened on 21 February 2022 to fully vaccinated travellers. This meant that foreign nationals who had been stuck in Australia during the pandemic could finally make plans to travel back home and visit family and friends without fearing that they would not be able to return (providing they had a valid visa in place or permission to travel on a Bridging Visa B).
Whilst a Bridging Visa B may be an option for foreign nationals, it may not always be advisable to secure this and get on the plane.
What Is a Bridging Visa B and How Is It Obtained?
A Bridging Visa B is one of the categories of bridging visa that gives specified visa holders permission to travel abroad and return to Australia within the period specified whilst they are awaiting the outcome of another visa application process, pending merits or judicial review.
In order to apply for a Bridging Visa B, an individual must be the holder of a Bridging Visa A or a Bridging Visa B where the travel facility has lapsed. Additionally, you must show that you have a ‘substantial reason for travel’. Whilst there is no legal definition of ‘substantial’ in the migration legislation, it is given its ordinary dictionary definition and Departmental policy provides the following guidance on the circumstances in which they deem travel ‘substantial’:
For employment or business purposes;
For educational purposes (for example, attending training or undertaking research);
Attending a family or culturally significant event including a wedding or funeral
To visa a sick family member or close relative/friend
Travel abroad is necessary/related to the pending substantive visa application or process that is underway here in Australia – for example, travel offshore to obtain required paperwork or attend to custody issues etc
Why Should I Be Cautious About Travelling?
Despite the fact that a Bridging Visa B may be available, it is not always advisable for individuals to travel offshore when they have a pending visa, tribunal or court matter. The reason for this is that should your matter be decided whilst you are outside Australia, one or more of the following consequences may follow:
You may have limited recourse to appeal an adverse decision. For example, visa cancellation under s128 of the Migration Act takes place without having to afford an individual what we call ‘natural justice’. Essentially this is the opportunity for an individual to comment on why their visa should not be cancelled;
The ability to review a Departmental decision in most cases requires the ‘review applicant’ to be within Australia to lodge a valid appeal to the Administrative Appeals Tribunal;
Bridging Visas associated with the pending matter will cease 35 days from which the decision is made (regardless of whether it is a Department, Tribunal or Court matter). If you receive an adverse decision, this timeframe may not give you a sufficient window to travel back into Australia, seek further legal advice and lodge further visa processes to extend your stay in Australia.
As the consequences of travel abroad could be significant, you may wish to reconsider whether your purpose of travel is truly essential and what mitigating steps you might take before leaving. It is always best to seek advice.
How Can Agape Henry Crux Help You?
If you want to find out more about your visa or need advice on your Australian migration matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact our office.