Purkoti (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, by an applicant who did not hold a substantive visa at the time of application. The decision under review affirmed the refusal of this visa. The case was heard by Member Wendy Banfield of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the Schedule 3 criteria, specifically criteria 3001, 3003, 3004, and 3005, as required by subclause 600.223(2) of the Migration Regulations 1994. This requirement arose because the applicant did not hold a substantive visa when applying and had not held a Subclass 403 (Domestic Worker (Diplomatic or Consular)) visa.

The Tribunal found that the applicant failed to satisfy criterion 3001, which requires an application to be lodged within 28 days of the "relevant day." The applicant had lodged their visa application on 18 March 2021, while holding a Bridging A visa that had been in effect since 5 September 2020. As the application was not made within 28 days of their last substantive visa ceasing, the Tribunal determined that the applicant could not be granted a Visitor (Tourist) (subclass 600) visa under these circumstances, noting that it had no discretion to remit the decision to the Department.

Consequently, as the applicant did not satisfy the applicable criteria for the grant of the visa, the Tribunal affirmed the decision not to grant the Visitor (Class FA) visa.