Wang (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 decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied Schedule 3, Public Interest Criterion 3001, which requires an application to be validly made within 28 days after the last day the applicant held a substantive visa. The applicant's substantive visa ceased on 21 February 2020, and the current application was lodged on 14 April 2020, which was outside the 28-day period.

The applicant's representative argued that an earlier internet application made on 5 March 2020 should be considered valid, contending that it substantially complied with the required form. While acknowledging the potential applicability of the substantial compliance principle to the form used, the Tribunal found that this alone was insufficient to render the application valid. The Tribunal noted that other requirements for a valid visa application, including place and manner of lodgement, must also be met. As the applicant did not satisfy criterion 3001, they did not meet the requirements of clause 600.223(2) of Schedule 2 to the Regulations.

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