Zhao (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Visitor (Class FA) visa, Subclass 600. The applicant was in Australia and did not hold a substantive visa at the time of application, meaning they were required to satisfy Schedule 3 criteria, specifically criterion 3004. The applicant contended that factors beyond their control, including COVID-19 lockdowns, inability to work, and mental health issues, constituted compelling reasons for the visa grant, alongside the significant cost of return flights and quarantine in their home country.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 600.223 of the Migration Regulations 1994, which necessitates satisfying Schedule 3 criteria when an applicant is in Australia without a substantive visa. Specifically, the Tribunal had to determine if the applicant satisfied criterion 3004, which requires the Minister to be satisfied that the applicant is without a substantive visa due to factors beyond their control, that there are compelling reasons for granting the visa, and that the applicant has substantially complied with visa conditions.

The Tribunal acknowledged the applicant's submissions regarding factors beyond their control, such as COVID-19 related disruptions and personal health challenges. However, after assessing these claims individually and cumulatively, the Tribunal was not satisfied that there were compelling reasons for granting the visa. Consequently, the Tribunal concluded that the applicant failed to meet criterion 3004(d) and therefore could not satisfy the requirements of clause 600.223.

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