Gong (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to grant Ms Gong, a 69-year-old Chinese citizen, a Visitor (Class FA) visa, subclass 600 (tourist stream). Ms Gong's application was made after her last substantive visa, which expired on 11 June 2020, had ceased. The application was lodged on 15 June 2020. The review was heard jointly with a separate review concerning her husband's application.

The primary legal issue before the Tribunal was whether Ms Gong met the requirements for the grant of the visa, specifically criterion 3004 of Schedule 3, which relates to applications made after the expiry of a substantive visa. This required the Tribunal to consider whether there were compelling reasons for the visa application not being lodged before the expiry of her last substantive visa, and whether the circumstances were beyond her control.

The Tribunal considered submissions that the delay in lodging the application was due to Ms Gong's reliance on her son, who was occupied with critical business matters during COVID-19 restrictions. Her son stated he missed the visa deadline until receiving post-expiry notifications on 13 June 2020. He then contacted his migration agent, but was advised that an online application was not possible for an overdue subclass 600 visa, and a paper application had to be posted on the following Monday, 15 June 2020, as the intervening days were a weekend. The Tribunal found that Ms Gong did not meet criterion 3004 of Schedule 3, and therefore did not satisfy the requirements of clause 600.223(2) of the Migration Regulations.

Consequently, the Tribunal affirmed the decision not to grant Ms Gong a Visitor (Class FA) visa.