1512681 (Migration)

[2016] AATA 3279

1512681 (Migration) [2016] AATA 3279 (12 February 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Nicholas Shelby Hromadka

CASE NUMBER:  1512681

DIBP REFERENCE(S):  BCC2015/2501450 CLF2015/58713

MEMBER:Melissa McAdam

DATE:12 February 2016

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for a Visitor (Class FA) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 (Visitor) (Class FA) visa:

·cl.600.215 of Schedule 2 to the Regulations.

Statement made on 12 February 2016 at 10:23am

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 31 August 2015 to refuse to grant the applicant a visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act).

2. The criteria for a Subclass 600 visa are set out in Part 600 of Schedule 2 to the Migration Regulations 1994 (the Regulations). Relevantly to this case, they include cl.600.215, which requires exceptional circumstances exist for the grant of the visa where it would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of a Subclass 417 visa or a Subclass 462 Visa or one or more visitor visas

3. The applicant arrived in Australia on 3 September 2014 as the holder of a Subclass 462 (Work and Holiday) visa, valid for 12 months. His Subclass 462 visa ceased on 3 September 2015.

4. The applicant applied for the visitor (Class FA) visa on 28 August 2015.

5. The delegate refused to grant the visa on the basis that the applicant did not meet cl.600.215 because he did not present any evidence to demonstrate ‘exceptional circumstances’ for stay over 12 months.

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. On 28 August 2015 the applicant was granted a Bridging Visa A (Class WA). On 11 January 2016 the applicant departed Australia. His Bridging Visa A ceased upon his departure.

7. The applicant’s period of stay in Australia has been interrupted following the grant of a bridging visa which ceased upon his departure. If a Subclass 600 visa were to be granted to the applicant today it would not be the case that this would result in him being authorised to stay in Australia as the holder of a Subclass 417, 462 or visitor visa for a period of more than 12 consecutive months. This is because he ceased to hold the 462 visa and did not hold any of other visas specified in cl.600.215 as at 3 September 2015.

8. For the above reasons the Tribunal finds that the requirements of cl.600.215 are met.

   DECISION

9. The Tribunal remits the application for a Visitor (Class FA) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 (Visitor) (Class FA) visa:

   ·cl.600.215 of Schedule 2 to the Regulations.

   Melissa McAdam
   Member