1928578 (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the primary issue was whether the applicant met the genuine temporary entrant requirement under clause 600.211 of the Migration Regulations. The applicant sought to visit family in Australia. The decision was made by David Crawshay, a Member of the Tribunal.

The Tribunal was required to determine if the applicant genuinely intended to stay temporarily in Australia for the purpose of the visa. This involved assessing whether the applicant had substantially complied with the conditions of their last substantive visa, whether they intended to comply with the conditions of the Subclass 600 visa, and considering any other relevant matters. The applicant's previous visits to Australia on tourist visas, which had conditions including "no work" and "no further stay," were relevant, as was the applicant's claimed employment and family circumstances.

The Tribunal found that the applicant had complied with the conditions of previous visas, noting the absence of evidence to the contrary and giving some weight to the fact that no waiver was sought for the "no further stay" condition. The Tribunal also accepted that the applicant intended to comply with the conditions of the proposed Subclass 600 visa, specifically the "no work" and limited study conditions. Other relevant matters considered included the permanent residency applications of the review applicant and his wife, which were found not to apply to the visa applicant. The Tribunal also considered the applicant's claimed employment as a farmer and an agent, accepting the explanation provided by the review applicant regarding the nature of the applicant's work.

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