Singh (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor), made by Mr. Singh. The dispute arose because Mr. Singh did not hold a substantive visa at the time of his application and had never held a substantive visa. The decision under review was affirmed by the Tribunal.

The legal issue before the Tribunal was whether Mr. Singh met the requirements of cl.600.223 of the Migration Regulations 1994. This clause pertains to the criteria for granting a Visitor visa, specifically concerning the timing of the application in relation to the applicant's last substantive visa.

The Tribunal considered evidence that Mr. Singh applied for the visa on 15 January 2021 and last held a substantive Tourist Stream (FA 600) visa on 10 September 2020. As the application was not lodged within 28 days of the expiry of his last substantive visa, Mr. Singh failed to satisfy Criterion 3001. The Tribunal found that this failure to meet a mandatory requirement meant he was unable to meet the criteria for the grant of the visa. Despite acknowledging Mr. Singh's personal difficulties, the Tribunal concluded it had no discretion to waive this mandatory requirement.