2206309 (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Visitor (Class FA) visa, subclass 600 (Tourist stream). The applicant had previously been granted a visa, but a subsequent delegate refused to grant a further visa on the basis that the applicant did not genuinely intend to stay temporarily in Australia. The applicant sought review of this decision by the Tribunal, which had previously remitted the application with a direction that the applicant met public interest criterion 4001. This was the second occasion the Tribunal considered the applicant's case.

The Tribunal was required to determine two key issues. Firstly, whether the grant of the visa would result in the applicant being authorised to remain in Australia for more than 12 consecutive months, and if so, whether exceptional circumstances existed to justify such a grant. Secondly, the Tribunal had to assess whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 600.211 of the Regulations.

In relation to the first issue, the Tribunal found that the applicant had been in Australia for more than 12 consecutive months, having arrived in October 2019 and not departed since, holding a subclass 600 visa and a bridging visa. Therefore, the grant of the current visa would indeed result in a total period of stay exceeding 12 consecutive months. The Tribunal then considered whether exceptional circumstances existed, noting the applicant's positive migration history, strong incentives to depart Australia, and her interest in supporting her grandchildren. The Tribunal also considered the applicant's medical conditions.

The Tribunal ultimately remitted the application for reconsideration, directing that the applicant met public interest criterion 4001. The decision indicates that the Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia, despite the extended period of stay, and that exceptional circumstances existed for the grant of the visa.