Tapuloloo (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, subclass 600 (Tourist stream), made by an applicant who was in Australia but did not hold a substantive visa at the time of application. The applicant’s granddaughter also provided evidence to the Tribunal.

The central legal issue before the Tribunal was whether the applicant satisfied criterion 3004 of Schedule 3, which is a mandatory requirement under clause 600.223 of the Migration Regulations 1994 for applicants in Australia without a substantive visa. This criterion requires the Minister to be satisfied that the applicant is without a substantive visa due to factors beyond their control, that there are compelling reasons for granting the visa, and that the applicant has substantially complied with visa conditions.

The Tribunal found that the applicant's elderly age, lack of language skills, and complete reliance on her daughter and granddaughter constituted factors beyond her control that led to her not holding a substantive visa. Furthermore, the Tribunal considered the ongoing State of Emergency in Samoa as a compelling reason for granting the visa. Consequently, the Tribunal was satisfied that the applicant met the requirements of criterion 3004. The Tribunal remitted the application with a direction that the applicant meets PIC 3004 for the purposes of clause 600.223.