1516942 (Migration)

This matter concerned an application for a Visitor (Class FA) visa, specifically a subclass 600 visa, by a Vietnamese citizen. The review applicant, an Australian citizen and the brother of the visa applicant, sought to have the visa granted. The central dispute before the Tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 600.211 of the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine if clause 600.211 was satisfied. This involved assessing whether the visa applicant had complied substantially with the conditions of her last substantive visa or any subsequent bridging visa, whether she intended to comply with the conditions of the subclass 600 visa, and considering any other relevant matters. The visa applicant sought entry to visit her brother and his family, a purpose permissible under clause 600.231. The Tribunal also had to consider the specific conditions of the subclass 600 visa, including prohibitions on work and study exceeding three months, and the requirement to depart Australia before the end of the permitted stay.

The Tribunal found both the review applicant and the visa applicant to be credible and consistent in their evidence. It noted that the visa applicant had no prior travel history to Australia, rendering the first limb of clause 600.211(a) irrelevant. The Tribunal then considered various factors under clause 600.211(c), including the review applicant's family and work commitments in Australia, his inability to visit his family in Vietnam, his previous sponsorship of his parents who abided by their visa conditions, and the desire for the visa applicant to visit to recognise her role as a carer for their elderly parents and to provide a cultural resource for his children. The Tribunal also took into account the visa applicant's strong family ties in Vietnam, her role as a primary carer for her parents, and the arrangements for her sister to assist in her absence. The Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia and would return to Vietnam due to her commitments there.

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