McDonnell (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, made by an applicant who was in Australia and did not hold a substantive visa at the time of application. The decision under review affirmed the refusal of this visa application. The case was heard by John Longo.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 600.223 of the Migration Regulations 1994, specifically concerning the satisfaction of Schedule 3 criteria. This required determining if the applicant's application for the visa was lodged within 28 days of the "relevant day" as defined in criterion 3001 of Schedule 3.

The Tribunal reasoned that the applicant's last substantive visa, a Subclass 601 (Visitor) visa, ceased on 9 April 2019. The application for a further Visitor visa was lodged on 23 January 2020, which was more than 28 days after the cessation of the applicant's last substantive visa. Consequently, the applicant failed to satisfy criterion 3001, and therefore did not meet the requirements of clause 600.223. The Tribunal affirmed the decision not to grant the visa.