1516229 (Migration)

This matter concerned an application for a subclass 600 visitor visa (tourist stream) by a 31-year-old male from Pakistan. The applicant had been in Australia since May 2014 on a skilled – recognised graduate visa (subclass 476), which permitted him to work. He applied for the subclass 600 visa in October 2015, stating his intention to travel around Australia after his subclass 476 visa expired in November 2015. The department subsequently granted him a bridging visa A. The delegate requested further information from the applicant, including evidence of cessation of employment, financial capacity, planned activities, and a health examination. The tribunal was required to determine whether the applicant met the criteria under clause 600.211 of Schedule 2 to the Regulations, which mandates satisfaction that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

The court was required to assess whether the applicant's intention to travel around Australia was genuine and temporary, considering his compliance with previous visa conditions and his intended compliance with the conditions of the subclass 600 visa. The tribunal considered the applicant's employment history in Australia, his educational qualifications, and his stated purpose for seeking the visitor visa. The tribunal also had regard to the information provided by the applicant in his visa application and the requests made by the delegate for additional documentation.

The tribunal found that, on balance, the applicant genuinely intended to stay temporarily in Australia for the purpose of tourism. The tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under clauses 600.211 and 600.212 of Schedule 2 to the Regulations.