Singh (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Tourist stream, by Mr Singh. The applicant did not hold a substantive visa at the time of application. The primary issue before the Tribunal was whether the applicant satisfied the Schedule 3 criteria, specifically criteria 3001, 3003, 3004, and 3005, which are prerequisites for granting a visa in such circumstances.

The Tribunal was required to determine if Mr Singh met the requirements of Schedule 3 criteria 3001, 3003, and 3004. Criterion 3001 required the application to be lodged within 28 days of the relevant day, which the Tribunal found was satisfied as the application was lodged within this timeframe after the applicant's last substantive visa ceased. Criterion 3003 was found not to apply to the applicant. Criterion 3004, however, required the Tribunal to be satisfied that the applicant was not a substantive visa holder due to factors beyond their control, that there were compelling reasons for granting the visa, and that the applicant had substantially complied with visa conditions.

The Tribunal's reasoning focused on criterion 3004. While the applicant met criterion 3001 and criterion 3003 did not apply, the Tribunal found that the applicant had not satisfied the requirements of criterion 3004. The applicant's failure to satisfy this criterion stemmed from the fact that the processing of a BPAY payment for the visa application had occurred after the payment cut-off times, a matter the Tribunal considered to be the applicant's responsibility and not a factor beyond their control. Consequently, the Tribunal concluded that the applicant did not satisfy the applicable criteria for the grant of a Subclass 600 visa.

The Tribunal affirmed the decision not to grant the Visitor (Class FA) visa to the applicant.