1515821 (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to grant a Visitor (Class FA) visa to the applicant. The applicant arrived in Australia on 13 July 2016 on a prospective spouse visa, intending to marry her sponsor, Ali Alam, and subsequently apply for a further visa based on that marriage.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 600.211 of the Migration Regulations 1994. This clause mandates satisfaction that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment involves considering the applicant's compliance with the conditions of their last substantive or bridging visa, their intention to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal found that while the applicant and her family presented as credible, and her frustration with previous decisions was understandable, her stated intention to marry and apply for a further visa meant the Tribunal was not satisfied that she genuinely intended to stay temporarily in Australia for the purpose of a visit. Consequently, the Tribunal was not satisfied that she would not remain in Australia after her proposed visit, leading to the conclusion that clause 600.211 was not met. The Tribunal affirmed the decision not to grant the visa.