1605542 (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Visitor (Class FA) (Tourist) (Subclass 600) visa. The applicant sought to remain in Australia for a period exceeding 12 consecutive months, which would require the existence of exceptional circumstances for the visa to be granted under clause 600.215 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the applicant's circumstances constituted "exceptional circumstances" as contemplated by clause 600.215. The Tribunal considered the Department's policy guidance, which outlines potential exceptional circumstances such as serious family illness in Australia requiring the applicant's assistance, or unforeseen changes in circumstances causing significant hardship to an Australian resident or citizen. The Tribunal also considered the ordinary meaning of "exceptional" as unusual, uncommon, or out of the ordinary.

The Tribunal accepted that the applicant had been in Australia continuously since 25 April 2015 and that granting the visa would result in a stay exceeding 12 consecutive months. However, it found that the applicant's desire to continue travelling in Australia with his partner, Miss Lawrence, and to "see the world and experience life and love," while understandable and perhaps common for someone of his age, did not rise to the level of being unusual, uncommon, or out of the ordinary. Therefore, the Tribunal concluded that these circumstances were not "exceptional" for the purposes of the visa criterion.

Consequently, the Tribunal found that the applicant failed to meet the requirement prescribed in clause 600.215. The Tribunal affirmed the decision not to grant the applicant the Subclass 600 visa.