Gomez Calvo (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by Ms. Gomez Calvo. The applicant sought review of a decision to refuse her visa application. The core of the dispute revolved around the applicant's inability to lodge her visa application within 28 days of her last substantive visa expiring, due to circumstances beyond her control.

The Tribunal was required to determine whether the applicant met the criteria for the grant of a Visitor (Class FA) visa, Subclass 600, particularly in light of her failure to apply within the prescribed timeframe. This involved assessing whether the applicant satisfied Schedule 3 criteria, specifically criterion 3004, which requires the Minister to be satisfied that the applicant's failure to hold a substantive visa is due to factors beyond their control and that there are compelling reasons for granting the visa. The Tribunal also needed to consider whether the applicant had complied substantially with the conditions of her previous visas.

The Tribunal found that the applicant's partner's essential work deployment to a remote location, coupled with mandatory COVID-19 quarantine requirements that prevented internet access, constituted factors beyond the applicant's control. These circumstances, along with international travel restrictions, provided compelling reasons for her inability to lodge the application within the stipulated period. The Tribunal concluded that the applicant had provided credible evidence to support these claims and that criterion 600.223 of Schedule 2 to the Regulations was met. Consequently, the Tribunal remitted the application for reconsideration by the Minister.