2209121 (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) in the Tourist stream. The review applicant sought to challenge a decision made by the Tribunal. The central dispute revolved around whether the visa 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 Migration Regulations 1994.

The Tribunal was required to determine if the visa applicant met the criteria under clause 600.211, which necessitates satisfaction that the applicant genuinely intends to stay temporarily in Australia for the granted visa's purpose. This assessment involved considering the applicant's past compliance with visa conditions, their intention to comply with the conditions of the proposed Subclass 600 visa, and any other relevant matters. The specific purpose for the visa application was to visit the applicant's sister in Australia, a purpose permissible under the Tourist stream.

In its reasoning, the Tribunal found that the visa applicant had a history of substantial compliance with visa conditions, having held three Visitor visas in the past five years and departing Australia before the expiry of each. There was no evidence of any breaches. Furthermore, the Tribunal was satisfied that the applicant intended to comply with the conditions of the Subclass 600 visa, specifically the conditions prohibiting work and limiting study to three months. This satisfaction was based on the submission that the applicant would be accommodated and financially supported by the review applicant, who provided bank statements demonstrating sufficient funds for a short stay, and the absence of any indication that the applicant intended or needed to work.

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