1514565 (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa made by a 60-year-old widow, the mother of the review applicant. The visa applicant sought to visit Australia for 12 months to support her youngest daughter during childbirth and to celebrate festivals with her children and grandchildren. The review applicant argued that her mother had strong ties to Nepal, including property, a pension, rental income, and family, and intended to return after her visit.

The primary legal issue before the Tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia, as required by clause 600.211 of Schedule 2 to the Migration Regulations. This involved assessing the applicant's circumstances in Nepal, her reasons for seeking entry to Australia, and her overall credibility.

The Tribunal considered various documents, including financial support letters, relationship certificates, and bank statements, as well as oral evidence from both the visa applicant and the review applicant. The Tribunal noted that the visa applicant had previously applied for a Parent Visa, which the review applicant argued demonstrated a long-term intention to remain in Australia, but the Tribunal also considered evidence suggesting the visa applicant had a stable life in Nepal and was preparing for her son's wedding. The Tribunal was ultimately satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, directing that the visa applicant met the criteria of cl.600.211 of Schedule 2 to the Regulations.