1601450 (Migration)

This matter concerned an application for a Visitor (Class FA) visa by Mr Marenjak, who sought to visit family members in Australia. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements of clause 600.211 of the Migration Regulations 1994, which mandates satisfaction that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal considered three specific matters under clause 600.211. Firstly, it examined whether Mr Marenjak had substantially complied with the conditions of any previous Australian visa, noting that he had not held any prior Australian visas. Secondly, the Tribunal assessed whether the applicant intended to comply with the conditions of the Subclass 600 visa, which included not working, not studying for more than three months, not being entitled to a substantive visa while remaining in Australia, and not remaining in Australia after the permitted stay. Thirdly, the Tribunal considered all other relevant matters.

In its reasoning, the Tribunal noted an adverse finding by the delegate regarding Mr Marenjak's visa application, which stated he had never been to Australia or applied for a visa, despite departmental records indicating a previous visa refusal. While the applicant's representative submitted that the online form did not allow for a response to this question, and the printed application supported this, the Tribunal still considered this discrepancy. The Tribunal also noted that the applicant appeared to have more family members in Australia than in Croatia, although he had close family, including his mother and brother, in Australia. After considering the evidence, including a list of family members in Croatia and oral evidence, the Tribunal was not satisfied that Mr Marenjak genuinely intended to stay temporarily in Australia for the stated purpose.

Consequently, the Tribunal found that the requirements of clause 600.211 were not met and affirmed the decision not to grant Mr Marenjak a Visitor (Class FA) visa.