Sovatabua (Migration)

The Administrative Appeals Tribunal considered the case of Sovatabua, an applicant for a Resolution of Status (Residence) (Class BL) (Subclass 851) visa. The dispute centred on the applicant's eligibility for this visa, which had remained undecided for a significant period following its lodgement on 31 March 1998, alongside an application for a Subclass 850 Resolution of Status (Temporary) visa. The Tribunal's decision was made by Michael Cooke.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 851 visa. This involved determining the validity of the delegate's decision to refuse the application, particularly in light of the applicant's prolonged lawful status in Australia, often maintained on a WB-020 visa, and her frequent travel to Fiji. A key aspect of the issue was the delegate's decision to re-notify the applicant of the refusal, acknowledging a prior notification error.

The Tribunal affirmed the delegate's decision to refuse the visa application. The delegate found that the applicant did not satisfy criterion 821.221 of the Migration Regulations 1994. This refusal was predicated on the invalidity of the applicant's earlier Subclass 850 visa application, a fact of which the applicant had been notified on 1 April 1998. The Tribunal noted that the applicant had remained lawfully in Australia for many years and had travelled internationally during the pendency of her Subclass 851 application. The delegate's decision to re-notify the applicant of the refusal was made in September 2021, with the intention of rectifying previous notification issues and commencing the time period for merits review.