Li (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by the applicant. The Department of Home Affairs had refused to grant the visa. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically Public Interest Criterion (PIC) 4021, in light of a change in their passport during the application process. The applicant's passport had expired between the time of their visa application and the Department's decision. While the Department requested a copy of a new passport, the applicant obtained a new passport and provided a copy to the Tribunal before its decision.

The Tribunal reasoned that the applicant had, in fact, satisfied the requirements of PIC 4021 by providing a copy of their new passport to the Tribunal. The Tribunal found that the applicant had taken steps to comply with the Department's request, albeit after the initial deadline. Therefore, the Tribunal concluded that the decision to refuse the visa was not the correct or preferable one.

Accordingly, the Tribunal set aside the decision of 11 January 2023 refusing to grant the applicant the Visitor visa and remitted the visa application back to the delegate for reconsideration. The Tribunal directed that the applicant be taken to satisfy PIC 4021 for the purposes of clause 600.213 of Schedule 2 to the Migration Regulations 1994.