Allcott (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by a visa applicant. The central dispute concerned whether the applicant met the genuine temporary entrant (GTE) requirement under clause 600.211 of the Migration Regulations 1994. The applicant sought the visa to visit her mother and her mother's partner.

The Tribunal was required to determine if the applicant genuinely intended to stay temporarily in Australia. This involved assessing whether the applicant had substantially complied with the conditions of her previous visas, whether she intended to comply with the conditions of the proposed Subclass 600 visa, and any other relevant matters. The applicant’s stated purpose for the visit was to visit her mother and her mother's partner, which falls within the Sponsored Family stream of the Subclass 600 visa.

In its reasoning, the Tribunal gave significant weight to the applicant's migration history, noting multiple previous compliant visits to Australia where she had always departed within the visa period. The Tribunal found no information suggesting non-compliance with previous visa conditions. Furthermore, the applicant provided evidence of stable employment and property ownership in Thailand, and stated her intention to comply with all conditions of the Subclass 600 visa, including not working, not studying for more than three months, not seeking another substantive visa, and departing Australia before her permitted stay expired. The Tribunal accepted this evidence as reliable, considering her compliant history.

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