Bisomenike (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, brought before the Administrative Appeals Tribunal. The applicant had lodged their visa application while in Australia but departed the country before the Department of Home Affairs made its decision. The applicant subsequently returned to Australia and was onshore when the Tribunal considered their appeal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 600 visa, specifically concerning their location at the time of the visa grant. The Tribunal was required to determine the impact of the applicant's departure from Australia after lodging the application and their subsequent return on their eligibility for the visa.

The Tribunal found that clause 600.411 of Schedule 2 to the Migration Regulations 1994 (Cth) required the applicant to be in Australia at the time of the visa grant. Given the applicant's offshore status at the time of the Department's decision, the Tribunal concluded that the decision had been made without properly considering all relevant circumstances, including the applicant's subsequent return to Australia. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the specified criteria.