1517052 (Migration)

The Administrative Appeals Tribunal considered a decision concerning an applicant for a subclass 600 visa. The dispute centred on whether the applicant met the criteria for the visa, specifically clause 600.215 of Schedule 2 to the Migration Regulations 1994, which requires exceptional circumstances for the grant of a visa if it would result in the applicant being authorised to stay in Australia for more than 12 consecutive months on certain specified visas, including visitor visas.

The Tribunal was required to determine if the applicant had demonstrated exceptional circumstances to justify the grant of a further subclass 600 visa. The applicant had entered Australia on 29 November 2014 on a subclass 600 visa and had subsequently been granted two further subclass 600 visas, with the last one valid until 29 November 2015. The applicant's request for another subclass 600 visa meant he would have been in Australia for over 12 consecutive months.

The Tribunal reasoned that clause 600.215 is an essential criterion for the visa. The applicant stated he and his son wished to stay for an additional six to eight months to visit more of Australia, having already spent time in Melbourne and Sydney and now wishing to see Adelaide and Brisbane. They supported themselves through rental income from properties in India and occasional financial assistance from family. The applicant also mentioned they had made friends and shared accommodation with them. However, the Tribunal found that the applicant had not satisfied the requirement of demonstrating exceptional circumstances.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Visitor (Class FA) visa, as the applicant failed to meet the essential criterion under clause 600.215.