Sharma (Migration)

The applicant, Sharma, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her application for a Visitor (Class FA) visa, subclass 600. The core of the dispute concerned whether the applicant had met the criteria for making a valid application for this visa.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the applicant had made her visa application within the prescribed timeframe. Specifically, the court had to determine if the application was lodged more than 28 days after the applicant's last substantive visa ceased to be in effect, and if so, whether any exceptions applied.

Her Honour Judge Grant found that the applicant's last substantive visa had ceased on 15 March 2022, and her application for the Visitor (Class FA) visa was lodged on 18 April 2022. This meant the application was lodged 34 days after the cessation of her last substantive visa, exceeding the 28-day limit stipulated by the Migration Regulations. The court determined that no exceptions to this time limit were applicable in the applicant's circumstances. Consequently, the application was not validly made.