1724121 (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) tourist stream, made by a Chinese national. The applicant sought to visit her son in Australia. The primary issue before the Tribunal was whether the applicant met the criteria under clause 600.211 of Schedule 2 to the Regulations, which requires the Tribunal to be satisfied that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment involves considering compliance with previous visa conditions, the intention to comply with the conditions of the proposed visa, and any other relevant matters.

In determining whether the applicant genuinely intended to stay temporarily, the Tribunal examined her financial circumstances and proposed arrangements for the visit. The applicant's son, who resides in Australia, provided evidence of his financial capacity, including business ownership, income, and property. He also provided details about the applicant's financial resources in China, such as a pension and property ownership, and stated that she had no intention of working or studying in Australia due to her age. The Tribunal also considered the conditions attached to the visa, specifically the 'no further stay' condition (8503) and the requirement to depart Australia at the end of the permitted stay (8531).

Despite initially finding that the applicant met the criteria under clause 600.211, the Tribunal ultimately remitted the application for reconsideration. The decision indicates that the Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted. However, the final orders state that the application is remitted for reconsideration, with a direction that the visa applicant meets the criteria under clause 600.211.