Mangubat (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Class FA Subclass 600 Visitor visa. The applicant, who required assistance due to hearing difficulties and was supported by an interpreter and his wife, attended the Tribunal to present his case. The Tribunal was asked to consider whether the applicant met the requirements of cl.600.223 of the Regulations.

The central legal issue before the Tribunal was whether the applicant satisfied Criterion 3001, which relates to the timing of a visa application after the cessation of a previous substantive visa. The applicant's wife admitted that the applicant had applied for the Visitor visa on 16 April 2021, and that his last substantive visa, a Student (subclass 500) visa, had ceased on 26 March 2020.

The Tribunal reasoned that the applicant’s application for the Visitor visa was lodged more than 28 days after the cessation of his last substantive visa. Consequently, the applicant failed to satisfy Criterion 3001, a mandatory requirement for the grant of the visa under cl.600.223. The Tribunal found it had no discretion in the matter due to the applicant’s failure to meet this essential criterion. The Tribunal affirmed the decision not to grant the applicant the visa.