Saucedo Laredo (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Saucedo Laredo, who sought a Visitor (Class FA) visa, subclass 600, Tourist stream. Ms. Laredo had arrived in Australia on various visas and was unaware that her last substantive visa, a subclass 600 visitor visa, had expired on 22 December 2019. She applied for a further visitor visa on 26 May 2020, after the 28-day period following the cessation of her substantive visa had elapsed.

The primary legal issue before the Tribunal was whether Ms. Laredo satisfied the Schedule 3 criteria, specifically criterion 3001, which requires an application for a visa to be lodged within 28 days of the "relevant day." The "relevant day" was defined as the day her last substantive visa ceased to be in effect. The Tribunal also considered a request to refer the matter to the Minister for intervention under section 351 of the Migration Act 1958, based on submissions that there were unique and exceptional circumstances warranting such a referral.

The Tribunal reasoned that Ms. Laredo did not meet the requirements of clause 600.223 of the Migration Regulations 1994 because her application was lodged significantly outside the 28-day timeframe stipulated by Schedule 3 criterion 3001. The Tribunal noted that while Ms. Laredo's inability to depart Australia was due to circumstances such as flight cancellations caused by the pandemic, and she believed there were unique and exceptional circumstances, the legislation provided no discretion to consider these factors when assessing the Schedule 3 criteria. Despite acknowledging the applicant's circumstances and the potential for an unfair outcome, the Tribunal concluded that it was appropriate to refer the matter to the Minister for intervention.

Ultimately, the Tribunal affirmed the decision not to grant Ms. Laredo a Visitor (Class FA) visa.