Singh (Migration)

[2022] AATA 1292

Singh (Migration) [2022] AATA 1292 (22 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Gurjeet Singh

CASE NUMBER:  2105995

HOME AFFAIRS REFERENCE(S):          BCC2021/134333

MEMBER:Joseph Lindsay

DATE:22 April 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision not to grant the applicant a Class FA Subclass 600 Visitor visa.

Statement made on 22 April 2022 at 10:26am

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – no substantive visa at the time of application – applicant has never held a substantive visa – no exceptional circumstances – decision under review affirmed          

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 600.223; Schedule 3 Criterion 3001

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 16 April 2021 to refuse to grant the visa applicant a Visitor (Class FA) Subclass 600 visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The visa applicant applied for the visa on 15 January 2021. The applicant attended the Tribunal by audio on 22 April 2022 to give evidence and present arguments. The applicant was assisted by an interpreter.

3. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

4. The issue in the present case is whether the applicant meets the requirements of cl.600.223 of the Regulations.

5. The Tribunal notes that the applicant provided to the Tribunal a copy of the decision from the Department dated 16 April 2021, and he indicated that that information in the decision record was correct. The applicant made admissions that he lodged an application for an FA600 Visitor- Tourist Stream visa on 15 January 2021 and that he last held a substantive Tourist Stream (FA 600) visa on 10 September 2020. He told the Tribunal he was having problems with his wife.

6. In consideration of the above, the Tribunal accepts that the applicant applied for the Class FA Subclass 600 Visitor visa on 15 January 2021, which is not within 28 days after the last day he held a substantive visa, and he therefore does not satisfy Criterion 3001.  Accordingly, the Tribunal finds that the applicant does not meet cl.600.223 and is therefore unable to meet the criteria for the grant of the Class FA Subclass 600 Visitor visa.

7. In balancing the above circumstances, whilst the Tribunal has sympathy for the applicant and the difficulties posed by his circumstances, the Tribunal has no discretion in this matter as he clearly does not meet a mandatory requirement for the grant of the visa.

   DECISION

8. The Tribunal affirms the decision not to grant the applicant a Class FA Subclass 600 Visitor visa.

   Joseph Lindsay
   Member