Faizan (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, made by a minor applicant. The applicant's father, Faizan Ameer Ali, represented the applicant at the hearing. The core dispute revolved around whether the applicant met the requirements of clause 600.223 of the Migration Regulations 1994, specifically including Schedule 3 criteria.

The primary legal issue before the Tribunal was whether the applicant satisfied Schedule 3 criteria, particularly criterion 3001, given that the applicant had never held a substantive visa. The Tribunal was also asked to consider whether the circumstances warranted a referral for Ministerial intervention.

The Tribunal accepted the applicant's admission that they had never held a substantive visa. Consequently, the Tribunal found that the applicant did not satisfy the criteria in Schedule 3, including criterion 3001, and therefore did not meet clause 600.223. While acknowledging potential administrative delays attributable to the COVID-19 pandemic, the Tribunal concluded that these delays did not constitute unique or exceptional circumstances justifying a referral for Ministerial intervention. The Tribunal affirmed the decision not to grant the visa.