WU (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, by a citizen of China. The applicant applied for the visa while in Australia. The Department of Home Affairs refused the visa, finding that the applicant did not meet Schedule 3 criterion 3001, which requires an application to be made within 28 days of the applicant's last substantive visa ceasing. The applicant's last substantive visa ceased on 20 January 2021, and the Visitor visa application was lodged on 21 July 2021, significantly outside this 28-day period.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 600.223 of the Migration Regulations 1994, specifically Schedule 3 criterion 3001. This criterion mandates that a visa application must be made within 28 days after the "relevant day," which is defined as 28 days from the date the applicant last held a substantive visa. The Tribunal was required to determine if the applicant's circumstances met this temporal requirement.

The Tribunal reasoned that the applicant's last substantive visa ceased on 20 January 2021, and the application for the Visitor visa was lodged on 21 July 2021. This date was more than 28 days after the cessation of his last substantive visa. Consequently, the applicant failed to meet the requirements of Schedule 3 criterion 3001. As satisfying this criterion was a prerequisite for meeting clause 600.223, the Tribunal concluded that the applicant did not meet the eligibility criteria for the visa.

The Tribunal affirmed the decision of the Department not to grant the applicant a Visitor (Class FA) visa.