Sutrisno Sastroadjijoyo (Migration)

The applicant, Sutrisno Sastroadjijoyo, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal to grant him a Visitor (Class FA) visa, subclass 600. The core of the dispute concerned whether the applicant met the eligibility criteria for the visa, particularly in light of his period of unlawful residence in Australia and the impact of COVID-19 related travel restrictions.

The primary legal issue before the court was whether the applicant satisfied criterion 3001 of the relevant regulations, which pertains to the timing of visa applications following a period of unlawful residence. This criterion requires an applicant to have made their application within 28 days of the "relevant day," a term defined in the Migration Regulations 1994 (Cth). The court also implicitly considered the application of compassionate circumstances or the impact of external factors, such as the pandemic, on the applicant's ability to meet this criterion.

The court reasoned that the applicant had not made his visa application within the prescribed 28-day period following the "relevant day." Consequently, he failed to satisfy criterion 3001, which is a prerequisite for meeting the requirements of clause 600.223 of Schedule 2 to the Migration Regulations 1994 (Cth). The AAT Member, Jane Marquard, affirmed the delegate's decision not to grant the visa. The Tribunal's decision was therefore affirmed.