Yami (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa made by Mr Mcberth Yami. The applicant sought review of a decision not to grant him the visa. The central issue was whether the applicant met the requirements of clause 600.223(2) of the Migration Regulations 1994, specifically concerning the criteria in Schedule 3, including criterion 3004.

The Tribunal was required to determine if the applicant satisfied Schedule 3 criterion 3004, which mandates that an applicant who ceased to hold a substantive or criminal justice visa after 1 September 1994 must satisfy the Minister, or the Tribunal, of several sub-criteria. The Tribunal specifically examined criterion 3004(c), which requires the applicant to demonstrate that their failure to hold a substantive visa was due to factors beyond their control.

The Tribunal found that the applicant was in Australia at the time of his application and did not hold a substantive visa, and that his last substantive visa was not a subclass 403 (Temporary Work (International Relations)) visa. Therefore, he met the requirements of clause 600.223(2)(a). However, in assessing criterion 3004(c), the Tribunal considered evidence provided by the applicant's wife, an Australian citizen, including photographs and a letter detailing their relationship and the applicant's role as a husband and father. Despite this evidence, the Tribunal concluded that the applicant did not satisfy the requirements for the grant of the visa.

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