Farhath (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by the applicant after her last substantive visa had ceased. The applicant did not hold a substantive visa at the time of application, and her last visa, a Subclass 600 visitor visa, had expired on 1 March 2021. The primary issue before the Tribunal was whether the applicant satisfied the Schedule 3 criteria, specifically criteria 3001, 3003, 3004, and 3005, as required by clause 600.223(2) of the Migration Regulations 1994.

The Tribunal determined that the applicant satisfied criterion 3001, as her application was lodged within 28 days of her last substantive visa ceasing. Criterion 3003 was found not to apply to the applicant. However, criterion 3004 was applicable, requiring the Tribunal to be satisfied that the applicant's failure to hold a substantive visa was due to factors beyond her control, that there were compelling reasons for granting the visa, and that she had substantially complied with the conditions of her previous visas. The Tribunal also needed to consider whether the applicant would have been entitled to the visa if she had applied on the day she last held a substantive visa, and whether she intended to comply with the visa conditions.

The Tribunal concluded that the applicant met criterion 3001 and that criterion 3003 did not apply. Given the findings regarding criterion 3004, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under cl 600.223 of Schedule 2 to the Regulations.