2309589 (Migration)

This matter concerned an application for review of a decision made under the *Migration Act 1958* (Cth) concerning a Visitor (Class FA) visa, subclass 600, Tourist stream. The applicant sought to demonstrate that exceptional circumstances existed to warrant the grant of the visa.

The primary legal issue before the court was whether the applicant had provided sufficient evidence to establish that exceptional circumstances existed, justifying a departure from the usual requirements for the visa. This involved an assessment of the nature and extent of the support the applicant provided to their family in Australia.

Justice Bourke found that the applicant's evidence demonstrated a pattern of providing emotional and practical support not only to their grandchild but to all members of the family. The court concluded that this level of support amounted to exceptional circumstances, as contemplated by the relevant provisions. Accordingly, the decision under review was remitted for reconsideration.