1607693 (Migration)

The applicant sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal of a Visitor (Class FA) visa. The AAT Member, Mila Foster, found that the applicant had not satisfied the requirements of clause 600.211 of the *Migration Regulations 1994* (Cth), which pertains to the genuine temporary entrant requirement.

The central legal issue before the AAT was whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted. This required an assessment of the applicant's circumstances and intentions against the criteria stipulated in clause 600.211.

The AAT Member's reasoning focused on the applicant's stated intention to remain temporarily in Australia. After considering the evidence, the Member was not satisfied that the applicant genuinely intended to stay temporarily for the visa's purpose. Consequently, the AAT affirmed the decision not to grant the visa.