SAKHUJA (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) tourist stream. The applicant had previously held a visa for another country which expired, rather than being cancelled. The primary dispute concerned whether there were compassionate or compelling circumstances justifying the grant of the visa, particularly in light of the applicant's child's health and the applicants' care responsibilities.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically in relation to Public Interest Criterion 4013, which is relevant when an applicant has had a previous visa cancelled. The Tribunal also had to assess whether the circumstances presented by the applicant constituted compassionate or compelling reasons that would justify the grant of the visa, notwithstanding any potential issues arising from previous visa history.

The Tribunal found that the applicant's previous visa had expired and was not cancelled, which meant that Public Interest Criterion 4013 did not apply in the manner it would have if there had been a cancellation. Consequently, the Tribunal determined that the applicant met the criteria for the visa, including PIC 4013 for the purpose of clause 600.213 of Schedule 2 to the Regulations. The Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant meets the specified criteria.