Soliyah (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), before the Migration Review Tribunal. The applicant, who did not hold a substantive visa at the time of application, sought to rely on Schedule 3 criteria to satisfy the visa requirements. The Tribunal was required to determine whether the applicant met these Schedule 3 criteria, specifically concerning factors beyond her control that prevented her from lodging her application while holding a substantive visa, and whether there were compelling reasons for granting the visa.

The Tribunal considered whether the applicant satisfied Schedule 3 criteria 3001, 3003, 3004, and 3005. The applicant's stated reasons for remaining in Australia and lodging her application while not holding a substantive visa included the COVID-19 pandemic and associated travel restrictions in Indonesia, as well as her mother's deteriorating health. The Tribunal noted that the applicant's initial stated intention for her extended stay was to spend holidays with her sister and then book a suitable flight home. While medical evidence regarding her mother's health and the COVID-19 situation were provided, the Tribunal ultimately found that these circumstances did not satisfy the requirements of Schedule 3.

The Tribunal reasoned that the applicant had not demonstrated that the inability to lodge her application while holding a substantive visa was due to factors beyond her control, nor that there were compelling reasons for granting the visa under the specific provisions of Schedule 3. The applicant's stated intention to spend holidays with her sister, followed by a return home, did not sufficiently establish compelling circumstances for the grant of the visa when considered against the Schedule 3 criteria. Consequently, the Tribunal affirmed the decision not to grant the visa.