Ventura Silva (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), by Ms Ventura Silva, a 75-year-old Brazilian citizen. Ms Silva had arrived in Australia in June 2022 on a visa valid until 24 September 2022. Her application for a further visa was lodged on 25 September 2022, the day after her previous substantive visa ceased. The dispute before the Tribunal was whether Ms Silva met the Schedule 3 criteria, specifically Public Interest Criterion 3004, given that she did not hold a substantive visa at the time of her application.

The primary legal issue before the Tribunal was to determine whether there were factors beyond Ms Silva's control that led to her lodging the visa application after her substantive visa had expired, and whether there were compelling reasons for granting the visa. Ms Silva's representative argued that her reliance on her daughter, an Australian citizen, for language support and assistance with her visa application and travel, coupled with her daughter's rapidly declining and serious health condition, constituted factors beyond her control. The representative further contended that these circumstances, including her daughter's heart attack, acquired brain injury, and need for permanent high-level care, presented extraordinarily compelling reasons for the grant of the visa.

The Tribunal considered the evidence presented, including submissions detailing Ms Silva's role as a carer for her daughter, who suffered severe health issues and required extensive medical treatment and support. The Tribunal found that Ms Silva met the requirements of Public Interest Criterion 3004. Consequently, the Tribunal remitted the application for reconsideration with a direction that Ms Silva met the relevant criteria for the Subclass 600 visa.