LAU (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, by Ms Lau. The dispute before the Tribunal was whether Ms Lau met the requirements of clause 600.215 of the Migration Regulations 1994, which pertains to exceptional circumstances for the grant of a visa where the applicant would otherwise be authorised to stay in Australia for more than 12 consecutive months. The Tribunal, constituted by Senior Member John Billings, was tasked with reviewing this specific criterion.

The legal issue before the Tribunal was to determine whether Ms Lau satisfied clause 600.215. This clause requires that exceptional circumstances exist for the grant of the visa if the applicant would be authorised to remain in Australia for a total period exceeding 12 consecutive months as the holder of certain specified visas, including visitor visas, Subclass 417 and 462 Working Holiday visas, and bridging visas. The Tribunal was required to assess whether Ms Lau's previous visa history met this condition.

The Tribunal reasoned that while Ms Lau had previously held Subclass 417 Working Holiday visas and bridging visas for approximately two years, she subsequently held a Class TU Student visa from December 2014 until August 2016. The Tribunal noted that the grant of the current Visitor visa for three months would not result in her being authorised to stay in Australia for a total period of more than 12 consecutive months under the specified visa categories. Consequently, the Tribunal concluded that the condition in subclause (2) of clause 600.215 was not met, and therefore the question of "exceptional circumstances" under subclause (1) did not arise. The Tribunal was satisfied that Ms Lau met the requirements of clause 600.215.

The Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, directing that Ms Lau meets the criteria of clause 600.215 of Schedule 2 to the Regulations.