Yi (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, subclass 600 (Tourist stream), made by an applicant who was not the holder of a substantive visa at the time of application. The central dispute concerned whether the applicant met the Schedule 3 criteria, specifically Criterion 3001, which is a prerequisite for granting the visa under clause 600.223 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied Criterion 3001 of Schedule 3, which requires an application to be validly made within 28 days of the "relevant day." The definition of the "relevant day" includes the last day the applicant held a substantive visa. The Tribunal was also required to determine if the applicant met clause 600.223, which mandates satisfaction of Schedule 3 criteria when an applicant is in Australia and does not hold a substantive visa.

The Tribunal reasoned that the applicant's previous substantive visa, a Student Guardian (subclass 590) visa, ceased on 31 December 2020. The application for the Visitor visa was lodged on 16 March 2021, meaning a period of more than 28 days had elapsed since the applicant last held a substantive visa. Consequently, the applicant failed to satisfy Criterion 3001. As this criterion is mandatory for the grant of the visa under these circumstances, the Tribunal concluded that the applicant did not meet the requirements of clause 600.223.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Visitor (Class FA) Subclass 600 visa.