2202775 (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, made by an applicant seeking to visit her sons in Australia. The primary dispute before the Tribunal was whether the applicant met the requirements of clause 600.211 of Schedule 2 to the Regulations, which mandates satisfaction that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. The Tribunal, constituted by Jane Marquard, was tasked with determining this central issue.

The legal issues before the Tribunal were threefold, as stipulated by clause 600.211. Firstly, the Tribunal had to assess whether the applicant had substantially complied with the conditions of her last substantive visa or any subsequent bridging visa. Secondly, it was required to consider whether the applicant intended to comply with the conditions of the Subclass 600 visa itself. Finally, the Tribunal was to take into account any other relevant matter in determining the applicant's genuine intention to remain in Australia temporarily.

In its reasoning, the Tribunal found that the applicant had substantially complied with the conditions of her last visa, a Bridging Visa E, which had ceased upon her departure from Australia. There was no evidence of non-compliance. Furthermore, the Tribunal was satisfied that the applicant intended to comply with the conditions of the proposed Subclass 600 visa, including those relating to work, study, and remaining in Australia only for the permitted period. Crucially, the Tribunal also considered the strong compassionate need for the applicant to visit her children, who were experiencing mental health issues, and noted incentives for her return to Fiji. Based on these considerations, the Tribunal concluded that the applicant genuinely intended to stay temporarily in Australia for the purpose of visiting her sons.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, subclass 600, for reconsideration. The direction was that the applicant met the criteria under clause 600.211 of Schedule 2 to the Regulations.