Wati (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, by an applicant who did not hold a substantive visa at the time of application. The decision was made by Senior Member Jennifer Cripps Watts of the Tribunal.

The Tribunal was required to determine whether the applicant met the Schedule 3 criteria for the grant of the visa, specifically clauses 600.223, 3001, 3003, 3004, and 3005 of the Migration Regulations 1994. The central issue was whether the applicant's failure to hold a substantive visa was due to factors beyond her control, and whether there were compelling reasons for granting the visa.

The Tribunal found that the applicant met criterion 3001 as her application was lodged within 28 days of her last substantive visa ceasing. Criterion 3003 was found not to be applicable. Regarding criterion 3004, the Tribunal considered that the applicant's inability to renew her passport due to COVID-19 travel restrictions and health requirements constituted factors beyond her control. Documentary and oral evidence supported the applicant's explanation for the delay in passport renewal, and the Tribunal was satisfied that there were compelling reasons for granting the visa, that the applicant had complied substantially with visa conditions, and that she intended to comply with future visa conditions.

The Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria for the subclass 600 visa, specifically clause 600.223 of Schedule 2 to the Regulations.