Kaur (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Kaur, concerning an application for a Visitor (Class FA) visa, Subclass 600. The applicant had departed Australia, and the decision under review related to the affirmation of a prior decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of regulation 600.411 of the Migration Regulations 1994. This regulation pertains to the location of an applicant at the time of a decision.

The Tribunal found that, based on the circumstances presented, the applicants were not in Australia. Consequently, the Tribunal concluded that the applicants did not meet the criteria stipulated in regulation 600.411. The Tribunal therefore affirmed the decision under review.