Bridge (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by an applicant who was in Australia at the time of application but did not hold a substantive visa. The applicant's last substantive visa, a Visitor visa Subclass 600, had expired on 26 June 2021. The decision was made by Jane Marquard, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 600.223 of Schedule 2 to the Migration Regulations 1994. Specifically, as the applicant did not hold a substantive visa at the time of application, the Tribunal had to determine if the applicant satisfied the criteria under clause 600.223(2), which included satisfying Schedule 3 criteria 3001, 3003, 3004, and 3005. The critical focus was on Public Interest Criterion 3004, which required the Tribunal to be satisfied of several sub-criteria, including that the applicant was not the holder of a substantive visa due to factors beyond their control, that there were compelling reasons for granting the visa, and that the applicant would have been able to be granted the visa if they had applied on the day they last held a substantive visa.

The Tribunal found that the applicant was in Australia when she applied for the visa on 6 July 2021 and did not hold a substantive visa at that time. It was also established that her last substantive visa was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream, thus clause 600.223(2)(a) was not applicable. The Tribunal was satisfied that the applicant met the requirements of clause 600.223, including Public Interest Criterion 3004, based on factors beyond her control, compelling reasons, and substantial compliance with visa conditions.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, directing that the applicant meets Public Interest Criterion 3004 for the purposes of clause 600.223(2) of Schedule 2 to the Regulations.