Maan (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, by an applicant who did not hold a substantive visa at the time of application. The applicant's sponsorship application had been refused, and the decision was under review by the Tribunal. The Tribunal, constituted by Member Alan McMurran, was required to determine whether the applicant met the criteria for the visa, specifically clause 600.223 of the Regulations.

The central legal issue was whether the applicant satisfied Schedule 3 criterion 3001, which requires an application to be validly made and lodged within 28 days after the "relevant day." The "relevant day" is defined as the last day the applicant held a substantive visa. If this criterion is not met, the Tribunal is not required to consider other criteria.

The Tribunal reasoned that the applicant's last substantive visa was a Visitor (Tourist) (Subclass 600) visa, which expired on 5 October 2019. At the time of lodging the review application, the applicant held a bridging visa. Therefore, the "relevant day" for the purpose of Schedule 3 criterion 3001 was 5 October 2019. The Tribunal found that the applicant had not lodged the application within 28 days of this date. Consequently, the Tribunal concluded that Schedule 3 criterion 3001 was not met, and therefore clause 600.223(2)(b) was not satisfied. The Tribunal affirmed the decision not to grant the visa.