Antal (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, subclass 600 (Tourist stream), made by a minor applicant who did not hold a substantive visa at the time of application. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the visa, specifically the requirements of clause 600.223 of the Migration Regulations 1994, which includes satisfying Schedule 3 criteria. The Tribunal was required to determine if the applicant's failure to hold a substantive visa was due to factors beyond their control, if there were compelling reasons for granting the visa, and if the applicant had substantially complied with visa conditions.

The Tribunal found that the applicant did not satisfy criterion 3004 of Schedule 3. It reasoned that the geographical distance or COVID-19 lockdown did not constitute factors beyond the applicant's control that prevented them from holding a substantive visa. Consequently, the applicant failed to meet the necessary criteria for the grant of the Subclass 600 visa.

The Tribunal affirmed the decision not to grant the visa.