Right then, your on a Bridging visa 'A' feeling very smug about the prospects of having your visa granted soon but something comes up and you need to leave Australia and come back.
Now most of you may be aware that there is no travel permission whilst the Bridging Visa A (BVA) is in effect. Yes the DIBP will allow you to leave but once you've gone the BVA ceases to exit. Many people have been caught out thinking they can return to Australia on their BVA's.
Now you have to wonder why BVA's don't come with travel permission to re-enter Australia? I mean do we really need to treat you like a prisoner whilst your visa is being processed? I wouldn't have thought so. Is there anything particularly dangerous about you that traveling overseas for a short period is going to make you worse? Of course not.
So we might as well let you go as far as I am concerned. Good for the tourist shops at the airport every time someone leaves Australia anyway.
However the BVB is there to give you permission to re-enter but there are many factors the DIBP will consider before they give you one. The law states the: "Minister is satisfied that the applicant's reasons for wishing to do so are substantial"
Substantial reasons to leave and re-enter Australia
Since the term "substantial" is not defined in the Migration Regulations, the DIBP has to rely upon the every day meaning of the word and this can be found in dictionaries around the world. The DIBP guidelines state;
"Officers must bear in mind the above dictionary meanings of "substantial" and apply them in two ways to the assessment of the criterion: is the reason for wishing to travel substantial - that is, is it important, of real worth or value? And is the need to travel genuine - that is, is it real and actual?"
And of course the DIBP has some examples to choose from;
"employment, business or education - for example:
attending work or study conferences
participating in business negotiations or meetings
undertaking academic research or presenting papers
family, other relatives or other person important to the person - for example:
visiting a seriously ill family member, relative or close friend
attending the wedding, or other culturally important event, of a family member relative or close friend
attending the funeral of a family member, relative or close friend
substantive visa application - for example:
undergoing medical treatment for an existing condition
obtaining documentation needed to satisfy legal criteria
resolving custody issues relating to a claimed family unit member
travelling outside Australia for personal reasons (including having a holiday) because the processing or review of their substantive visa application has been protracted."
And to top this off the case officers will stare you in the face and try and assess whether you are genuine or not;
"The above examples are given as a guide only and are not exhaustive. Officers must use their judgment when deciding if they are satisfied that the person has a genuine need to travel and document the reasons for their decision."
So remember when you front up at the DIBP to ask for a BVB, make sure you have your story, ah sorry, your substantial reasons, well rehearsed.
Good luck