2204336 (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor), where the primary issue was whether the applicant genuinely intended to stay temporarily in Australia. The Tribunal was required to consider whether the applicant had complied substantially with the conditions of any previous visas, whether they intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The applicant sought the visa for the purpose of a family visit, which is a permissible purpose under the Tourist stream.

The Tribunal considered the applicant's compliance with previous visa conditions, noting that the applicant had no prior travel history to Australia. It also examined the applicant's intention to comply with the conditions of the Subclass 600 visa, specifically the conditions prohibiting work (cl 600.611(3) and condition 8101) and study for more than three months (condition 8201). Evidence was presented regarding the financial arrangements for the visit, including the review applicant's employment and savings, and their offer to cover the applicant's airfares and living expenses. The applicant's ties to Indonesia, including family relationships and property ownership, were also taken into account.

Despite the Tribunal's initial finding that the applicant met the criteria under cl 600.211, the final orders indicate that the application for the Visitor (Class FA) visa was remitted for reconsideration. The Tribunal directed that the visa applicant met the criteria under cl 600.211 of Schedule 2 to the Regulations.