1602693 (Migration)

This matter concerned an application for a Confirmatory (Residence) (Class AK) visa, reviewed by the Tribunal. The applicant sought to challenge the decision not to grant this visa.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 808.211 of the Migration Regulations. This clause outlines several alternative pathways to satisfy the criteria for the visa, each dependent on the applicant holding a specific type of temporary visa and meeting certain conditions related to eligibility for a Return (Residence) (Class BB) visa or other permanent residency criteria.

The Tribunal considered the evidence, including the delegate's decision record, which indicated that the applicant had entered Australia on a Subclass 600 visa and had not held any of the visa types specified in clause 808.211. Consequently, the Tribunal found that the applicant failed to satisfy any of the subclauses (a), (b), (c), or (d) of clause 808.211. While the applicant's representative indicated an intention to seek permanent residency through Ministerial intervention under section 351 of the Migration Act, no formal request for referral for such intervention had been made to the Tribunal.

The Tribunal affirmed the decision not to grant the applicant a Confirmatory (Residence) (Class AK) visa.