Storey (Migration)

The Administrative Appeals Tribunal considered the application of a person seeking review of a decision to refuse a Visitor (Class FA) visa (Subclass 600). The applicant had applied for the visa while in Australia, and a key requirement for the visa to be granted was that the applicant must also be in Australia at the time of the grant.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of the visa, specifically Regulation 600.411 of the Migration Regulations 1994, which stipulates that if an applicant is in Australia at the time of application, they must also be in Australia at the time of the visa grant. The Tribunal also had to consider the implications of the applicant's departure from Australia without a valid visa to re-enter.

The Tribunal found, based on the circumstances before it, that the applicant was not in Australia at the time of the decision. Consequently, the applicant failed to meet the requirement of Regulation 600.411. The Tribunal noted that no response was received from the applicant to an invitation to comment on the matter. The Tribunal affirmed the decision under review.