Daljeet Kaur (Migration)

The Administrative Appeals Tribunal considered an application by Daljeet Kaur for a Visitor (Class FA) visa, Subclass 600. The applicant sought to satisfy the primary criteria in the Tourist stream. The core of the dispute revolved around whether the applicant met the requirements of clause 600.223 of the Migration Regulations 1994 (Cth), particularly concerning her visa status at the time of application and the application of Schedule 3 criteria.

The Tribunal was required to determine if the applicant, who did not hold a substantive visa at the time of her application, met the criteria set out in clause 600.223(2) of the Regulations. This involved assessing whether her last substantive visa had expired, whether the circumstances of her remaining in Australia were beyond her control, and whether there were compelling reasons for granting the visa, among other conditions stipulated in Schedule 3, specifically clauses 3001 and 3004.

The Tribunal found that the applicant satisfied Schedule 3 criteria 3004(a), (c), (d), (e), (f), and (g), and that criteria 3004(b) and (h) did not apply. The decision notes that the applicant's substantive visa expired two days before her application was lodged, and that her departure flight bookings were cancelled due to COVID-19 pandemic travel restrictions, indicating circumstances beyond her control. Evidence of her earlier intended departure was also considered.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for a Subclass 600 (Visitor) visa, specifically clause 600.223 of Schedule 2 of the Regulations.