Manjinder Kaur (Migration)

The Administrative Appeals Tribunal considered an application by Manjinder Kaur for a Visitor (Class FA) visa, subclass 600, Tourist stream. The applicant was in Australia at the time of her application but did not hold a substantive visa. The delegate had previously refused the visa, finding that the applicant did not meet the requirements of Schedule 3, criterion 3004(c).

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of the visa, specifically clause 600.223 of Schedule 2 to the Migration Regulations 1994, which requires applicants in Australia without a substantive visa to meet certain Schedule 3 criteria. Central to this was the determination of whether the applicant met criterion 3004(c), which requires the Minister to be satisfied that the applicant is not the holder of a substantive visa because of factors beyond their control.

The Tribunal reasoned that for criterion 3004(c) to be satisfied, the applicant must demonstrate that their failure to hold a substantive visa was due to circumstances outside their control. The Tribunal found that the applicant had not provided sufficient evidence to establish that her circumstances were beyond her control. Consequently, the Tribunal concluded that the applicant did not satisfy criterion 3004(c) and therefore did not meet the requirements of clause 600.223.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Visitor (Class FA) visa.