Lau (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa made by Ms Lau. The dispute concerned whether Ms Lau met the criteria for the visa, specifically clause 600.223 of the Migration Regulations 1994, given that she did not hold a substantive visa at the time of her application.

The primary legal issue before the Tribunal was to determine if Ms Lau satisfied clause 600.223 of the Regulations. This clause outlines the requirements for applicants who are in Australia and do not hold a substantive visa at the time of application, including that their last substantive visa was not of a specific restricted subclass and that they satisfy Schedule 3 criteria.

The Tribunal found that Ms Lau satisfied clause 600.223. It noted that Ms Lau, who is in her seventies and has limited literacy and English language skills, relied on her children to manage her visa applications. The Tribunal accepted that the COVID-19 pandemic and its associated travel restrictions and health risks presented compelling reasons for Ms Lau to remain in Australia beyond the expiry of her substantive visa. Her family's concerns about her health and the quarantine requirements in Hong Kong were considered significant factors beyond her control.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that Ms Lau meets the criteria specified in clause 600.223 of Schedule 2 to the Regulations.