Trappe (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, made by an applicant who did not hold a substantive visa at the time of application. The applicant sought review of the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied Schedule 3 criteria, specifically criterion 3001, as required by clause 600.223 of the Migration Regulations 1994. Clause 600.223(2) mandates that if an applicant is in Australia and does not hold a substantive visa, they must satisfy Schedule 3 criteria, including criterion 3001, which requires the visa application to be validly made within 28 days of the "relevant day." The "relevant day" is defined to include the last day the applicant held a substantive visa.

The Tribunal found that the applicant's previous substantive visa, a Graduate Work Stream (subclass 485) visa, expired on 26 February 2021. The application for the subclass 600 visa was lodged on 9 June 2021, which was more than 28 days after the expiry of her last substantive visa. Consequently, the Tribunal was not satisfied that the applicant met criterion 3001 of Schedule 3.

The Tribunal affirmed the decision not to grant the applicant a Visitor (Class FA) visa, subclass 600.