1515771 (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 600 (Visitor) visa. The applicant sought to visit her sister in Australia, a purpose permissible under the Sponsored Family stream of the visa. The central dispute before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the stated purpose, as required by clause 600.211 of the Migration Regulations.

The Tribunal was required to determine if the applicant had substantially complied with the conditions of her last substantive visa or any subsequent bridging visa, and whether she intended to comply with the conditions of the Subclass 600 visa. Additionally, the Tribunal had to consider any other relevant matters. The applicant's previous travel to Australia in 2000 on a visitor visa was noted, with evidence indicating she departed within the visa validity period and without any apparent breach of conditions. The Tribunal also considered the applicant's parents' visitor visas and their compliance with visa conditions. Furthermore, the Tribunal examined the applicant's previous applications for skilled visas (subclass 475 and subclass 136), one of which was closed under a "cap and cease programme" and the other refused.

In its reasoning, the Tribunal found that the applicant had complied with the conditions of her previous substantive visa. Regarding her intention to comply with the conditions of the Subclass 600 visa, which include not working, not studying for more than three months, not being entitled to a substantive visa while remaining in Australia, and not remaining beyond the permitted stay, the Tribunal was satisfied that the applicant would abide by these conditions. Weighing all the evidence, the Tribunal concluded that the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, thus meeting the requirements of clause 600.211.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration. The direction was that the visa applicant meets the criteria under clause 600.211 of Schedule 2 to the Regulations for a Subclass 600 (Visitor) visa.