[Qashah]

Hye . I have very urgent matter need to ask.
I am on bridging visa A and just got refused on 23oct. Already do the AAT and in progress to wait the review.

My problem is I need go back to my country immidietly as my dad need to do operation a few days more that involve the life. Im only one he have. I already bought the ticket on this Monday (13th nov) .

I already make bridging visa B application for travel on 8nov but got refused too! How I can go back to.my country legally so can reenter Australia .

Iam advised by the immigration staff that I also can withdraw my protection visa application so I can enter Australia with tourist visa or other visa from my country.

The problem is im still not sure and afraid cannot reenter australia as they said even after I withdraw the visa. Anyone have experience withdraw protection visa and reenter Australia without problem or do anyone know others way I can go back and come back legally.

Please HELP ME!! 😭😭😭😭😭

 

[CCMS]

I don’t quite understand. You have applied for a protection visa, but you don’t have an issue returning to your home country to be with your father? So what did you need protection from and why is it ok to travel home now?

 

[al_ghazal]

Hye . I have very urgent matter need to ask.
I am on bridging visa A and just got refused on 23oct. Already do the AAT and in progress to wait the review.

My problem is I need go back to my country immidietly as my dad need to do operation a few days more that involve the life. Im only one he have. I already bought the ticket on this Monday (13th nov) .

I already make bridging visa B application for travel on 8nov but got refused too! How I can go back to.my country legally so can reenter Australia .

Iam advised by the immigration staff that I also can withdraw my protection visa application so I can enter Australia with tourist visa or other visa from my country.

The problem is im still not sure and afraid cannot reenter australia as they said even after I withdraw the visa. Anyone have experience withdraw protection visa and reenter Australia without problem or do anyone know others way I can go back and come back legally.

Please HELP ME!! 😭😭😭😭😭

Honestly you need the assistance of experience immigration lawyers or agents that work specifically with protection visas. Have you tried getting help from the Asylum seeker resource centre or similar organisation? What city are you in I can suggest one for you. While theoretically you can leave and return on a tourist visa or similar, like the immigration department advised, in reality I think it's unlikely you'll be granted one, So you need to decide what's more important being with your father in this time or waiting it out in Australia in the hope your protection visa is approved (you probably already know a lot of protection visas from Malaysia is refused (even after AAT), assuming that's the country you're seeking asylum from). Sorry for your difficult situation. It must not be easy for you.

 

[Qashah]

​

I don't quite understand. You have applied for a protection visa, but you don't have an issue returning to your home country to be with your father? So what did you need protection from and why is it ok to travel home now?

yeh I have to risk my situation as maybe I cnt longer see my father if I not coming home.

 

[Qashah]

Honestly you need the assistance of experience immigration lawyers or agents that work specifically with protection visas. Have you tried getting help from the Asylum seeker resource centre or similar organisation? What city are you in I can suggest one for you. While theoretically you can leave and return on a tourist visa or similar, like the immigration department advised, in reality I think it's unlikely you'll be granted one, So you need to decide what's more important being with your father in this time or waiting it out in Australia in the hope your protection visa is approved (you probably already know a lot of protection visas from Malaysia is refused (even after AAT), assuming that's the country you're seeking asylum from). Sorry for your difficult situation. It must not be easy for you.

Yeh because maybe its last time I can see my father. I just have 2days before my flight. Unfortunately the day is weekend 😢😢😭

 

[CCMS]

​

yeh I have to risk my situation as maybe I cnt longer see my father if I not coming home.

You didn't answer my question. If you are seeking protection in Australia, yet are both willing and able to travel home (Malaysia?), then it is unlikely you will meet the requirements for a protection visa. Even if you were able to return to Australia you would have probably lost any chance at the AAT by returning home, while claiming protection.

 

[al_ghazal]

​

yeh I have to risk my situation as maybe I cnt longer see my father if I not coming home.

You didn't answer my question. If you are seeking protection in Australia, yet are both willing and able to travel home (Malaysia?), then it is unlikely you will meet the requirements for a protection visa. Even if you were able to return to Australia you would have probably lost any chance at the AAT by returning home, while claiming protection.

It's actually not that uncommon for people on protection or other humanitarian visas to return to the country of origin. This happens often because they still have family there, as is case with OP. Just because they return doesn't necessarily undermine the validity of the claim because there's a big difference between a quick, often clandestine, visit than trying to forge a life in a place where you're persecuted.

I am fortunate enough to not have had this experience, by virtue of my birth place but I would think of I was on that position I too might risk life and limb to see my family for possibly the last time. A little empathy goes a long way in these situations.

 

[ampk]

Empathy? Not from the DIBP.

DIBP have strict regulation and policy, a line in the sand.

A valid claim for protection wont include quick visits "home" for last days of all remaining family members as required.

The OP has had a Bridging Visa A refused, but reason/s not given.

 

[al_ghazal]

Empathy? Not from the DIBP.

DIBP have strict regulation and policy, a line in the sand.

A valid claim for protection wont include quick visits "home" for last days of all remaining family members as required.

The OP has had a Bridging Visa A refused, but reason/s not given.

Actually there's provision for exactly this situation: http://www.border.gov.au/Lega/Lega/...ed-permission-to-travel-to-their-home-country

(I'm speaking more broadly than o.p's. situation as I've already advised that in their circumstance it's unlikely they'll be able to return if they leave)

 

[ampk]

They are provisions for visa holders.

No such thing for applicants.

*
Even then as you say "unlikely"

 

[CCMS]

It's actually not that uncommon for people on protection or other humanitarian visas to return to the country of origin.

A little empathy goes a long way in these situations.

I don't lack empathy. I could not do my job without it. I am just approaching this from a practical view point.

The OP's refugee claim has been rejected and they are appealing the refusal to the AAT and at the same time risking a return to the place where they face persecution? I don't think the AAT members will be sympathetic to this at all, especially not in the current political climate.

Then there is this:

Travel condition 8559

You and members of your family unit, must not enter the country or countries from which you were granted protection unless the Department approved that entry in writing before your travel.

This condition does not affect your travel to any other country. However, you must request written approval from the Department every time you wish to enter the country from which you were granted protection. Approval to enter the country from which you were granted protection will only be given if there are compassionate or compelling circumstances justifying your travel. If you enter the country from which you were granted protection without written approval, even for a short time, you will breach condition 8559. As a result, your visa (and the visas of members of your family unit) may be cancelled.

It is my understanding that the OP has applied for approval to travel (BVB) and that it was not granted.