1517505 (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by a visa applicant who is the sister of the review applicant. The 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 relevant regulations.

The Tribunal was required to determine if the visa applicant met the criteria under clause 600.211, which involves assessing whether the applicant has substantially complied with the conditions of any previous substantive or bridging visas, intends to comply with the conditions of the Subclass 600 visa, and considering any other relevant matters. The purpose of the visa application was to visit the visa applicant's brothers and their families in Australia, a purpose permissible under the Tourist stream of the Subclass 600 visa.

The Tribunal reasoned that the visa applicant had a history of compliance with visa conditions, having visited Australia on three previous occasions and departing within the permitted visa periods without any indicated breaches. The Tribunal also considered the compliant visa history of the review applicant and other family members. Based on this evidence, the Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the stated purpose and that clause 600.211 was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the visa applicant met the criteria under clause 600.211.