ROJAS CASTRO (Migration)

This matter concerned an appeal by Ms Alessandra Nathalie Rojas Castro against a decision to refuse her application for a Visitor (Class FA) visa, Tourist stream. Ms Rojas Castro, a national of Peru, had been in Australia since 31 August 2008, most recently as a dependent on her mother's Subclass 457 visa. Her mother's visa was due to expire on 26 March 2018, and an online application for a Visitor visa for Ms Rojas Castro, her mother, and sister was made on 23 March 2018. Bridging visas were issued.

The primary legal issue before the Tribunal was whether Ms Rojas Castro met the requirements of clause 600.223 of the Migration Regulations 1994. Specifically, as Ms Rojas Castro did not hold a substantive visa at the time of her application, the Tribunal had to determine if she satisfied Schedule 3 criteria, including criterion 3001, which requires an application to be lodged within 28 days of the last day the applicant held a substantive visa. A further issue arose regarding Ms Rojas Castro's request for the Tribunal to refer her case to the Minister for Ministerial Intervention under section 351 of the Migration Act 1958.

The Tribunal found that Ms Rojas Castro did not satisfy criterion 3001 of Schedule 3 because her application was lodged on 26 April 2018, which was more than 28 days after her substantive visa expired on 26 March 2018. Consequently, she did not meet the requirements of clause 600.223. Regarding the request for Ministerial Intervention, the Tribunal considered the relevant guidelines but decided not to refer the matter to the Minister, noting that Ms Rojas Castro could still make a direct request to the Minister.

The Tribunal affirmed the decision not to grant Ms Rojas Castro a Visitor (Class FA) visa.