Zuosong (Migration)

The applicant, Zuosong, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm a refusal to grant a Visitor (Class FA) visa, subclass 600. The applicant had applied for the visa online but experienced a delay in completing the payment, which the applicant contended was due to factors beyond their control, including the impact of the COVID-19 pandemic. At the time of application, the applicant did not hold a substantive visa.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate's decision to refuse the visa was affected by an error of law. Specifically, the court was required to consider whether the delegate adequately considered the applicant's submission that the delay in payment was caused by circumstances outside their control, particularly in the context of the COVID-19 pandemic, and whether this failure constituted an error of law.

Her Honour Judge Holub found that the delegate had considered the applicant's submissions regarding the delay in payment and the impact of COVID-19. The delegate's reasoning indicated that while the pandemic was acknowledged, the applicant had not provided sufficient evidence to establish that the delay was solely attributable to factors beyond their control, nor that these factors prevented them from making the payment in a timely manner. The court affirmed the principle that the onus is on the applicant to provide evidence to satisfy the visa criteria, and that the delegate was entitled to conclude that the applicant had not discharged this onus. The decision under review was affirmed.