Woolcott (Migration)

The Administrative Appeals Tribunal considered the application of a citizen of Papua New Guinea for a Confirmatory (Residence) (Class AK) visa, Subclass 808. At the time of application, the applicant held a Visitor (FA-600) visa and had remained in Australia on a bridging visa since its expiry. The delegate had previously refused the visa.

The central legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 808 visa as set out in clause 808.211 of the Migration Regulations. Specifically, the Tribunal had to determine if the applicant held one of the prescribed visas required for eligibility under that clause.

The Tribunal reasoned that clause 808.211 requires the applicant to be the holder of a Resident Return (Temporary) (Class TP) visa, an Emergency (Temporary) (Class TI) visa, a Border (Temporary) (Class TA) visa, or a Class 301 (Australian requirement) entry permit or visa granted under the Migration (1993) Regulations with specific satisfied criteria. The applicant conceded that she did not hold or had not held any of these specified visas. Consequently, the Tribunal concluded that the applicant did not satisfy the grounds for the grant of a Confirmatory (Residence) Visa.

The Tribunal affirmed the decision of the delegate to refuse the visa.