Rai (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse a Visitor (Class FA) Subclass 600 visa. The applicant, Miss Amina Rai, applied for the visa on 6 December 2022, one day after her previous visa expired. The refusal was based on the applicant not holding a substantive visa at the time of application and failing to satisfy Schedule 3 criteria, specifically criterion 3004, as required by cl 600.223 of the Migration Regulations 1994 (Cth). The applicant's mother also applied for a similar visa on the same date, and their applications were heard jointly.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl 600.223 of Schedule 2 to the Migration Regulations. This clause mandates that if an applicant is in Australia at the time of application and does not hold a substantive visa, they must satisfy Schedule 3 criteria, including criterion 3004. The applicant contended that factors beyond her control, namely her mother's ill health and the associated stress, prevented her from meeting these requirements.

The Tribunal found that the applicant was in Australia at the time of her application, but was not satisfied that she held a substantive visa. Consequently, the Tribunal considered whether the applicant met cl 600.223(2)(a) and (b). While the applicant argued that her mother's medical condition and the stress involved were beyond her control, the Tribunal noted that the condition was not incapacitating and that minimal efforts were made to secure an appointment with a specialist. The Tribunal concluded that the applicant did not satisfy the requirements of cl 600.223.

The Tribunal affirmed the delegate's decision to refuse the visa.