2304913 (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), made by a Chinese national. The applicant sought to remain in Australia temporarily to spend time with her daughter, who was experiencing mental health issues and had legal troubles, and to escape strict COVID-19 measures in China. The Tribunal was required to determine whether the applicant met the criteria under regulation 600.211 of the Migration Regulations 1994, specifically whether she genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

The Tribunal's assessment focused on whether the applicant met the genuine temporary entrant requirement. This involved considering her compliance with previous visa conditions, her intention to comply with the conditions of the Subclass 600 visa (namely, not to work and not to study for more than three months), and any other relevant matters. The applicant's submissions highlighted her daughter's depression, suicidal ideation, and a suspended driver's licence with an upcoming court date, as well as allegations that the applicant's former husband was a fugitive wanted by Chinese police for economic fraud. The applicant claimed she intended to assist Australian authorities in investigating this individual and to support her daughter's recovery.

Despite the applicant's stated reasons for wishing to remain temporarily, the Tribunal was not satisfied that her intention to stay temporarily was genuine. While acknowledging the applicant's compliance with previous visa conditions and her stated intention to comply with the conditions of the Subclass 600 visa, the Tribunal found that the overall circumstances did not support a genuine temporary stay. The Tribunal affirmed the decision not to grant the visa.