Zhu (Migration)

This matter concerned an application for a Visitor (Class FA) visa (Subclass 600) made by a citizen of China who was in Australia. The applicant had previously held a US-462 visa which ceased on 24 March 2019. She subsequently held several bridging visas. The application for the Visitor visa was made on 25 June 2021. The delegate refused the visa on the basis that the applicant failed to satisfy Public Interest Criterion 3001 of Schedule 3 of the Migration Regulations 1994, as required by clause 600.223 of Schedule 2. The applicant sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied Public Interest Criterion 3001, which requires an application for a visa to be made within 28 days of the applicant ceasing to hold their last substantive visa. A secondary issue arose from the Tribunal's invitation to the applicant to comment on information that would be a reason to affirm the decision, and to attend a hearing. The applicant failed to respond to the invitation to comment, leading to the cancellation of the hearing.

The Tribunal determined that the applicant did not satisfy Public Interest Criterion 3001 because her application for the Visitor visa was lodged more than 28 days after her last substantive visa (the US-462 visa) ceased. The Tribunal found that the remittal of a previous refusal of a working holiday visa did not equate to the applicant holding a substantive visa. As the applicant could not satisfy PIC 3001, she also could not satisfy clause 600.223 of the Regulations.

The Tribunal affirmed the delegate's decision to refuse to grant the applicant a Visitor (Class FA) visa (Subclass 600).