Dema (Migration)

The Administrative Appeals Tribunal considered an application by Mrs Dema for a Visitor (Class FA) visa, subclass 600, Tourist stream. Mrs Dema's application was made outside the prescribed timeframe, meaning she was not the holder of a substantive visa at the time of her application. The primary dispute concerned whether Mrs Dema met the Schedule 3 criteria for her visa application.

The Tribunal was required to determine whether Mrs Dema satisfied criterion 3001 of Schedule 3, which relates to the timing of a visa application when the applicant is not the holder of a substantive visa. This criterion is a prerequisite for meeting the requirements of clause 600.223 of the Migration Regulations 1994.

The Tribunal reasoned that because Mrs Dema's visa application was not made within 28 days of the relevant day, she failed to satisfy criterion 3001. The Tribunal held that it did not possess a discretion to grant the visa if the requirements of criterion 3001 were not met. Consequently, the Tribunal affirmed the decision not to grant Mrs Dema the Visitor visa.