Lapeyre (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), made by an applicant who was in Australia and did not hold a substantive visa at the time of application. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 600.223 of the Migration Regulations 1994, specifically concerning the satisfaction of Schedule 3 criteria. This required determining if the applicant had lodged their visa application within 28 days of the "relevant day," as defined in criterion 3001 of Schedule 3.

The Tribunal reasoned that the applicant's last substantive visa expired on 21 May 2020, making this the "relevant day" for the purposes of Schedule 3 criterion 3001. The applicant lodged the visa application on 30 June 2020, which 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 affirmed the decision not to grant the visa.