Kaur (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600 (Tourist stream), by an Indian citizen who was in Australia. The applicant's previous substantive visa expired on 14 April 2020, and she lodged the application under review on 15 May 2020, meaning she did not hold a substantive visa at the time of her application. The Administrative Appeals Tribunal (AAT) considered 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 the Schedule 3 criteria, specifically criterion 3001, as she did not hold a substantive visa when she applied for the subclass 600 visa. Clause 600.223(2) requires that if an applicant is in Australia and does not hold a substantive visa at the time of application, their last substantive visa must not be of a specified type, and they must satisfy Schedule 3 criteria, including criterion 3001.

The Tribunal reasoned that criterion 3001 requires an application to be lodged within 28 days of the "relevant day," which in this case was the last day the applicant held a substantive visa. As the applicant's last substantive visa ceased on 14 April 2020 and her application was lodged on 15 May 2020, the application was not made within the prescribed 28-day period. Consequently, the applicant failed to satisfy criterion 3001 and therefore did not meet the requirements of clause 600.223. The Tribunal affirmed the decision not to grant the visa.