Jora Singh (Migration)
Case
•
[2022] AATA 2667
•14 June 2022
Details
AGLC
Case
Decision Date
Jora Singh (Migration) [2022] AATA 2667
[2022] AATA 2667
14 June 2022
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered an application for a Visitor (Class FA) visa, subclass 600 (Visitor), Tourist stream. The applicant sought review of a decision not to grant the visa.
The primary legal issue before the Tribunal was whether the applicant satisfied Schedule 3 criteria, specifically criterion 3001, which relates to applications lodged outside a relevant timeframe. This criterion was relevant because the applicant was not the holder of a substantive visa at the time of application.
The Tribunal found that the visa application was not made within 28 days of the relevant day. Consequently, the applicant did not satisfy criterion 3001. As a result, the applicant failed to meet the requirements of clause 600.223 of Schedule 2 to the *Migration Regulations 1994* (Cth).
The Tribunal affirmed the decision not to grant the applicant the Visitor (Class FA) visa.
The primary legal issue before the Tribunal was whether the applicant satisfied Schedule 3 criteria, specifically criterion 3001, which relates to applications lodged outside a relevant timeframe. This criterion was relevant because the applicant was not the holder of a substantive visa at the time of application.
The Tribunal found that the visa application was not made within 28 days of the relevant day. Consequently, the applicant did not satisfy criterion 3001. As a result, the applicant failed to meet the requirements of clause 600.223 of Schedule 2 to the *Migration Regulations 1994* (Cth).
The Tribunal affirmed the decision not to grant the applicant the Visitor (Class FA) visa.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Judicial Review
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Statutory Construction
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Procedural Fairness
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Citations
Jora Singh (Migration) [2022] AATA 2667
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