1513881 (Migration)

This matter concerned an application for a Confirmatory (Residence) (Class AK) visa, reviewed by a member of the Migration Review Tribunal. The applicant, represented by a third party, declined an invitation to a hearing, leading the Tribunal to determine the case based on the available evidence. The core dispute revolved around whether the applicant met the criteria set out in regulation 808.211 of the Migration Regulations.

The legal issue before the Tribunal was to ascertain if the applicant satisfied the requirements of regulation 808.211, which outlines specific conditions for visa grants based on the applicant's current visa status and their ability to meet criteria for other visa classes, or if they were a family member of a person who met certain criteria. The applicant's representative had indicated an intention to seek permanent residency through ministerial intervention under section 351 of the Migration Act, but no formal request for such referral had been made to the Tribunal.

The Tribunal considered the evidence, including a delegate's decision record, which indicated the applicant had entered Australia on a Subclass 601 Electronic Travel Authority visa and had not held any of the visa types specified in regulation 808.211(a), (b), (c), or (d). Consequently, the Tribunal found that the applicant did not meet the prescribed criteria for the visa. The Tribunal affirmed the decision not to grant the applicant the Confirmatory (Residence) (Class AK) visa.