Gursewak Singh (Migration)

The Administrative Appeals Tribunal considered the application of Gursewak Singh for a Visitor (Class FA) visa, subclass 600 (Visitor) tourist stream. Mr. Singh applied for the visa while he was in Australia and did not hold a substantive visa at the time of his application. The central issue was whether Mr. Singh met the requirements of clause 600.223 of the Migration Regulations 1994, specifically subclause (2)(b), which necessitates satisfying Schedule 3 criteria 3001, 3003, 3004, and 3005.

The Tribunal was required to determine if Mr. Singh satisfied Schedule 3 criterion 3004. This criterion applies when an applicant has ceased to hold a substantive visa and has not subsequently been granted a substantive visa. For criterion 3004 to be met, the Minister must be satisfied of several matters, including that the applicant is not holding a substantive visa due to factors beyond their control, that there are compelling reasons for granting the visa, that the applicant has substantially complied with visa conditions, and that the applicant would have been eligible for the visa had they applied on the day they last held a substantive visa.

The Tribunal found that Mr. Singh’s last substantive visa expired on 17 February 2023, prior to his application for the Visitor visa on 3 March 2023. Consequently, he was required to satisfy criterion 3004. However, the Tribunal concluded that Mr. Singh did not meet criterion 3004. As satisfying Schedule 3 criterion 3004 was a prerequisite for meeting clause 600.223(2)(b), and therefore for the grant of the visa, Mr. Singh failed to satisfy the requirements for the visa.

The Tribunal affirmed the decision not to grant Mr. Singh the Visitor (Class FA) visa.