Shafqat (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for a Visitor (Class FA) visa subclass 600. The applicant sought review of a decision to refuse the visa. The core of the dispute concerned whether the applicant satisfied the Schedule 3 criteria, specifically criterion 3001, as he did not hold a substantive visa at the time of application.

The Tribunal was required to determine if the applicant met the Schedule 3 criteria, which are applicable when an applicant does not hold a substantive visa at the time of application. The primary legal issue was whether the applicant's application for the Visitor visa was lodged within the 28-day timeframe stipulated by criterion 3001 of Schedule 3 of the Migration Regulations 1994, which defines the "relevant day" as the last day the applicant held a substantive visa.

The Tribunal found that the applicant last held a substantive visa on 15 March 2019 and applied for the Visitor visa on 1 March 2021. This application was made significantly later than 28 days after the relevant day, meaning the applicant failed to satisfy criterion 3001. As satisfying this criterion was a prerequisite for the grant of the visa under clause 600.223 of the Migration Regulations, the Tribunal concluded that the applicant did not meet the applicable criteria for the visa. Consequently, the Tribunal affirmed the decision not to grant the visa.