1833071 (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, following a decision by the Department of Home Affairs. The applicant sought the visa for the purpose of a family visit. The Tribunal's task was to determine whether the applicant met the criteria under clause 600.211 of the Migration Regulations 1994, specifically whether the applicant genuinely intended to stay temporarily in Australia for the stated purpose.

The Tribunal was required to assess three aspects of clause 600.211. Firstly, it considered whether the applicant had complied substantially with the conditions of any previous Australian visas. Secondly, it examined whether the applicant intended to comply with the conditions of the Subclass 600 visa, including not working, not studying for more than three months, not applying for another substantive visa while in Australia, and departing Australia before the end of their permitted stay. Finally, the Tribunal considered any other relevant matters.

In its reasoning, the Tribunal noted there was no evidence of the applicant having previously held an Australian visa, thus no compliance or non-compliance could be assessed under the first limb. However, the applicant's passport indicated travel to several other countries, with evidence of return to their home country, suggesting compliance with visa conditions in those jurisdictions. Regarding the intention to comply with the proposed visa conditions, the Tribunal was satisfied, based on provided documentation, that the applicant was married with adult sons and a grandchild residing in their home country. The applicant's stated intention to visit their daughter in Australia while leaving their husband and other family members behind was accepted as evidence of a genuine temporary stay.

Consequently, the Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose of a family visit, and therefore met the requirements of clause 600.211. The Tribunal remitted the application to the Department for reconsideration, with a direction that the applicant meets this specific criterion.