Adewuyi (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, subclass 600, Tourist stream, made by the mother of the review applicant. The dispute centred on whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose of a family visit, 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 involves assessing whether the applicant has complied substantially with the conditions of any previous visas, intends to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The specific conditions under consideration were that the applicant must not work in Australia (clause 8101) and must not engage in study or training for more than three months (clause 8201).

The Tribunal reasoned that the visa applicant had substantial family and business ties to her home country of Nigeria, including directorship of a television business and ownership of a food business, from which she derived income. She also owned property and a car, and had financial responsibilities for her granddaughter, including paying school fees. The review applicant, her son, provided evidence of his stable employment and financial capacity to support his mother during her visit, including covering her airfare and living expenses. The Tribunal found that these factors indicated strong incentives for the visa applicant to depart Australia.

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 that the requirements of clause 600.211 were met. The Tribunal remitted the application for reconsideration with a direction that the visa applicant met this criterion.