Ajani (Migration)

The matter concerned an application for a Visitor (Class FA) visa, Subclass 600, by a 69-year-old Nigerian citizen. The visa applicant sought to visit her Australian citizen daughter for a period of three to six months, with a planned stay of up to 12 months to allow for travel flexibility. The primary dispute revolved around whether the visa applicant genuinely intended to stay temporarily in Australia, as required by clause 600.211 of the Migration Regulations 1994. The decision was made by Naomi Schmitz, a Member of the Tribunal.

The Tribunal was required to determine whether the visa applicant met the criteria under clause 600.211, which involves assessing compliance with previous visa conditions, the intention to comply with future visa conditions, and any other relevant matters. Specifically, the Tribunal had to consider whether the applicant had complied substantially with the conditions of her last substantive visa or any subsequent bridging visa, and whether she intended to comply with the conditions of the Subclass 600 visa, namely not to work in Australia (condition 8101) and not to engage in study or training for more than three months (condition 8201).

The Tribunal reasoned that as the visa applicant had no prior travel history to Australia, there was no evidence of past compliance or non-compliance with visa conditions to consider. However, the Tribunal was satisfied that the applicant intended to comply with conditions 8101 and 8201, given the stated purpose of visiting family and the proposed short duration of the visit. This satisfaction was further supported by the applicant's age and retired status. The Tribunal also accepted that the applicant would be financially supported by her daughter and son-in-law during her stay, based on their financial capacity and employment.

Despite finding that the visa applicant met the requirements of clause 600.211, the Tribunal remitted the application for reconsideration. The direction was that the visa applicant met the criteria under clause 600.211 for a Subclass 600 (Visitor) visa.