1602843 (Migration)

This matter concerned an application for a Subclass 600 (Visitor) visa. The Tribunal was required to determine whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as stipulated by clause 600.211 of the Migration Regulations. This assessment involved considering whether the applicant had substantially complied with the conditions of their last substantive visa or any subsequent bridging visa, whether they intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal considered the applicant's lack of prior travel to Australia, meaning there was no Australian migration history to assess. It also examined the conditions to which the Subclass 600 visa would be subject, including prohibitions on working, engaging in study for more than three months, obtaining a substantive visa while in Australia, and remaining in Australia beyond the permitted stay. In assessing other relevant matters, the Tribunal took into account evidence regarding the applicant's brother, who resides in Australia and is a director of construction companies. The Tribunal noted the brother's family ties, his own migration history including compliance with visa conditions, and the compliance of other family members who had previously visited Australia.

The Tribunal found that the visa applicant's parents had previously travelled to Australia and complied with their visa conditions, returning within the granted period. The applicant's sister and brother had also visited Australia, staying for periods of four weeks and three months respectively, and had complied with their visa conditions. The review applicant stated he had only sponsored his mother, father, and sister, and that he could ensure their compliance with visa conditions, as any breach could jeopardise future applications for his family. The Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose of visiting his brother and family.

Consequently, the Tribunal remitted the application for Visitor (Class FA) visas for reconsideration, with the direction that the visa applicant meets the criteria of clause 600.211 of Schedule 2 to the Regulations for a Subclass 600 (Visitor) (Class FA) visa.