Mahachi (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by an applicant who did not hold a substantive visa at the time of application. The applicant's relationship had ceased, and the application was lodged during the COVID-19 pandemic travel restrictions. The applicant had also enrolled in higher degree studies and had held multiple previous visas.

The primary legal issue before the Tribunal was whether to affirm the decision to refuse the visa. This involved assessing whether the applicant's circumstances, including factors beyond her control such as the COVID-19 pandemic and relationship breakdown, warranted an exception to the usual visa application requirements, particularly the requirement to apply within 28 days of visa expiry.

The Tribunal acknowledged that the applicant had remained lawful and had attempted to comply with visa requirements. It found the applicant to be credible and noted her history of studying in Australia. However, the Tribunal ultimately affirmed the decision not to grant the visa, despite recognising that the applicant's predicament arose from circumstances including the breakdown of her relationship and the inability to depart Australia due to COVID-19 lockdown measures. The Tribunal's decision was to affirm the refusal of the visa.