Revuri (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a subclass 600 Visitor visa. The applicant had applied for the visa while holding a Bridging E visa, having previously held a subclass 500 Student (Dependent) visa that expired. The core dispute revolved around whether the applicant met the requirements of Schedule 3, criterion 3001, as mandated by clause 600.223(2) of the Migration Regulations.

The primary legal issue before the Tribunal was to determine if the applicant satisfied Schedule 3, criterion 3001, which requires an application to be validly made within 28 days of the "relevant day." The "relevant day" is defined, in this context, as the last day the applicant held a substantive visa, given that the applicant ceased to hold a substantive visa after 1 September 1994. The Tribunal also had to consider whether the applicant met the other Schedule 3 criteria (3003, 3004, and 3005) as required by clause 600.223(2).

The Tribunal reasoned that the applicant did not satisfy Schedule 3, criterion 3001, because the application was not lodged within 28 days of her last substantive visa ceasing. While the applicant's father provided explanations for the delay, including issues with a migration agent and personal circumstances related to his own medical treatment and academic pursuits, these did not excuse the failure to meet the time limit prescribed by the regulations. The Tribunal found that the applicant had not provided sufficient evidence to satisfy the Tribunal that the requirements of Schedule 3, criterion 3001, were met. Consequently, the Tribunal concluded that the applicant did not meet the requirements of clause 600.223(2).

The Tribunal affirmed the decision not to grant the applicant a subclass 600 Visitor visa.