Jaya (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600 (Visitor) tourist stream, by a citizen of Indonesia. The applicant had applied for the visa while in Australia, after her last substantive visa had ceased. The Administrative Appeals Tribunal, constituted by Member Tania Flood, was required to determine whether the applicant met the requirements of clause 600.223 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied Schedule 3 criteria, specifically criterion 3001, given that she did not hold a substantive visa at the time of her application and had applied more than 28 days after her last substantive visa ceased. Clause 600.223 requires that if an applicant is in Australia and does not hold a substantive visa, they must satisfy Schedule 3 criteria, including criterion 3001, which mandates that the visa application must be lodged within 28 days of the "relevant day."

The Tribunal reasoned that the "relevant day" for the applicant was the last day she held a substantive visa, which was 16 April 2020. As the applicant lodged her visa application on 21 July 2020, this was more than 28 days after the relevant day. Consequently, the applicant failed to satisfy criterion 3001 and therefore did not meet the requirements of clause 600.223. The Tribunal also noted a request for ministerial intervention but found no submissions were made to support such a recommendation. The Tribunal affirmed the decision not to grant the visa.