Williams (Migration)

The applicant, a citizen of the United Kingdom who had resided in Australia for approximately 14 years with her parents, sought review of a decision to refuse her application for a Visitor (Class FA) visa (Subclass 600). The applicant had held a series of Temporary Work (Skilled) (subclass 457) visas, the last of which ceased on 1 April 2020. Since that date, she had held Bridging E visas. She applied for the Visitor visa on 2 June 2021, while in Australia and without holding a substantive visa. The Tribunal was asked to determine whether the applicant met the requirements of criterion 3001 of Schedule 3 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied Schedule 3 criterion 3001, which requires that a visa application be made within 28 days after the "relevant day." The "relevant day" is defined in criterion 3001(2) as the last day the applicant held a substantive visa, or in certain circumstances, the day they last entered Australia unlawfully. In this case, the applicant's last substantive visa ceased on 1 April 2020, and she lodged her Visitor visa application on 2 June 2021.

The Tribunal reasoned that for an applicant in Australia who does not hold a substantive visa at the time of application, clause 600.223(2)(b) of the Migration Regulations requires satisfaction of Schedule 3 criteria, including criterion 3001. Criterion 3001(1) mandates that the application must be made within 28 days of the relevant day. The Tribunal found that the applicant's last substantive visa ceased on 1 April 2020, and her application was lodged on 2 June 2021, which was more than 28 days after the cessation of her last substantive visa. Therefore, the applicant did not satisfy criterion 3001.

The Tribunal affirmed the decision not to grant the applicant a Visitor (Class FA) visa. The Tribunal noted the applicant's intention to apply for Ministerial Intervention and stated it would not refer the case for consideration by the Minister due to insufficient information regarding the applicant's personal circumstances.