1834922 (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) in the tourist stream. The applicant sought to visit her son in Australia. The delegate of the Minister refused to grant the visa on the grounds that the applicant did not satisfy clause 600.211 of the Migration Regulations 1994, which requires the applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose of visiting her son, having regard to whether she had complied with the conditions of any previous substantive or bridging visas, whether she intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The conditions relevant to this visa included not working in Australia, not engaging in study for more than three months, not being entitled to a substantive visa while remaining in Australia, and not remaining in Australia after the end of the permitted stay.

The Tribunal noted that the applicant had not previously travelled to Australia, rendering the consideration of past visa compliance irrelevant. The Tribunal was satisfied that the applicant intended to comply with the conditions of the Subclass 600 visa, specifically Condition 8531, and genuinely intended to stay temporarily in Australia for the stated purpose. The Tribunal found that the requirements of clause 600.211 were met.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under clause 600.211 of Schedule 2 to the Regulations.