Bonilla Jimenez (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Visitor (Class FA) visa, subclass 600. The dispute centred on whether the applicant met the criteria for the visa, specifically in relation to the length of their stay in Australia.

The primary legal issue before the Tribunal was to determine whether clause 600.215 of the Migration Regulations 1994 was satisfied. This clause requires that exceptional circumstances exist for the grant of a Visitor visa if the applicant would be authorised to remain in Australia for a total period of more than 12 consecutive months as the holder of specified visa types, including visitor visas and bridging visas. The Tribunal had to ascertain if the applicant's cumulative stay, particularly on consecutive visitor and bridging visas, exceeded this 12-month threshold and, if so, whether exceptional circumstances were demonstrated.

The Tribunal found that the applicant had been in Australia continuously since 7 March 2013, holding a series of Student visas, followed by a Bridging visa, then a Visitor visa from 21 March 2019 to 18 April 2019, and subsequently another Bridging visa. Based on this migration history, the Tribunal concluded that the applicant had stayed in Australia for a total period of more than 12 consecutive months on one or more visitor or bridging visas, thereby engaging clause 600.215(2). As the applicant had not demonstrated the existence of exceptional circumstances, the Tribunal determined that the requirements of clause 600.215 were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Visitor (Class FA) visa.