Kamlesh Rani (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, made by Mrs Kamlesh Rani. The applicant sought review of a decision not to grant her this visa. The primary issue before the court was whether Mrs Rani met the requirements of clause 600.223 of the Migration Regulations 1994.

The court was required to determine if Mrs Rani satisfied the criteria for the subclass 600 visa, specifically clause 600.223, given she did not hold a substantive visa at the time of her application. This involved examining whether she met the Schedule 3 criteria, including criterion 3001, which pertains to the timing of the visa application after the cessation of a previous substantive visa.

The court found that Mrs Rani applied for the subclass 600 visa on 1 July 2020, after her last substantive visa, also a subclass 600 Visitor visa, had ceased on 29 March 2020. Clause 600.223(2)(b) requires an applicant in this situation to satisfy Schedule 3 criteria, including criterion 3001. Criterion 3001 mandates that the visa application must be lodged within 28 days of the "relevant day," which is defined as the day the applicant's last substantive visa ceased. As Mrs Rani's application was lodged more than 28 days after her last substantive visa ceased, she failed to satisfy criterion 3001 and therefore did not meet the requirements of clause 600.223.

Consequently, the Tribunal affirmed the decision not to grant Mrs Rani the Visitor (Class FA) visa.