Frantz (Migration)

The Administrative Appeals Tribunal considered a Visitor (Class FA) visa application, subclass 600 (Tourist stream), made by an applicant who was in Australia at the time of application and did not hold a substantive visa. The primary dispute concerned whether the applicant met the requirements of Schedule 3 of the Migration Regulations 1994, specifically criterion 3004(c).

The legal issue before the Tribunal was whether the applicant satisfied clause 600.223(2) of the Regulations, which requires an applicant in Australia without a substantive visa to meet certain criteria, including those in Schedule 3. The Tribunal specifically had to determine if the applicant was not the holder of a substantive visa due to factors beyond her control, as required by criterion 3004(c).

The Tribunal found that the applicant’s last substantive visa expired on 15 October 2021, and her application was lodged on 19 October 2021, thus meeting criterion 3001. However, the Tribunal was not satisfied that the applicant’s failure to hold a substantive visa at the time of application was due to factors beyond her control. Consequently, the Tribunal concluded that the applicant did not satisfy criterion 3004(c) and therefore did not meet the requirements of clause 600.223(2).

The Tribunal affirmed the decision not to grant the applicant a Visitor (Class FA) visa.