Sun (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, by an applicant who was in Australia at the time of application but did not hold a substantive visa. The applicant had previously held a Student visa (subclass 500), which ceased on 1 April 2021. The application for the Visitor visa was lodged on 13 August 2021. The Tribunal was required to determine whether the applicant satisfied the criteria for the grant of the visa, specifically clause 600.223 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant met the Schedule 3 criteria, as required by clause 600.223(2) for applicants who do not hold a substantive visa at the time of application. This included satisfying criterion 3001, which stipulates that the visa application must be lodged within 28 days of the "relevant day." The Tribunal had to ascertain the "relevant day" for the applicant and determine if the application was made within the prescribed timeframe.

The Tribunal found that the applicant's last substantive visa, a Student visa (subclass 500), ceased on 1 April 2021. The applicant lodged her Visitor visa application on 13 August 2021, which was 134 days after her last substantive visa ceased. This period significantly exceeded the 28-day requirement stipulated by criterion 3001. Consequently, the applicant failed to satisfy criterion 3001, and therefore did not meet the requirements of clause 600.223.

As the applicant did not satisfy the applicable criteria for the grant of a subclass 600 visa, the Tribunal affirmed the decision under review not to grant the visa.