Mangubat (Migration)

[2022] AATA 1958

Mangubat (Migration) [2022] AATA 1958 (9 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Gabriel Abola Mangubat

CASE NUMBER:  2108190

HOME AFFAIRS REFERENCE(S):          BCC2021565655

MEMBER:Joseph Lindsay

DATE:9 June 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision not to grant the applicant a Class FA Subclass 600 Visitor visa

Statement made on 9 June 2022 at 4:30pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – no substantive visa at the time of application – decision under review affirmed       

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 600.223; Schedule 3 Criterion 3001

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 16 June 2021 to refuse to grant the visa applicant a Visitor (Class FA) Subclass 600 visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The applicant attended the Tribunal by audio on 9 June 2022 to give evidence and present arguments. The Tribunal accepts that the applicant has a hearing aid, and because of his hearing difficulty, the applicant was assisted by his wife, Mrs Jocylene Macendo Mangubat. The applicant was also assisted by an interpreter. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

3. The issue in the present case is whether the applicant meets the requirements of cl.600.223 of the Regulations.

4. The Tribunal notes that the applicant provided to the Tribunal a copy of the decision from the Department dated 16 June 2021. The applicant’s wife made admissions that the applicant lodged an application for an FA600 Visitor- Tourist Stream visa on 16 April 2021 and that the applicant last held a substantive Student (subclass 500) visa which ceased on 26 March 2020.

5. In consideration of the above, the Tribunal accepts that the applicant applied for the Class FA Subclass 600 Visitor visa on 16 April 2021, which is not within 28 days after the last day he held a substantive visa on 26 March 2020, and he therefore does not satisfy Criterion 3001.  Accordingly, the Tribunal finds that the applicant does not meet cl.600.223 and is therefore unable to meet the criteria for the grant of the Class FA Subclass 600 Visitor visa.

6. The Tribunal has no discretion in this matter as the applicant clearly does not meet a mandatory requirement for the grant of the visa.

   DECISION

7. The Tribunal affirms the decision not to grant the applicant a Class FA Subclass 600 Visitor visa.

   Joseph Lindsay
   Member