Aryani (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by Ms Aryani. The central issue was whether Ms Aryani met the criteria for being a genuine temporary entrant, as required by clause 600.211 of the Migration Regulations 1994. Ms Aryani sought to visit her sister in Australia, a purpose consistent with the Sponsored Family stream of the Subclass 600 visa.

The Tribunal was required to determine if Ms Aryani genuinely intended to stay temporarily in Australia for the stated purpose. This involved assessing whether she had complied substantially with the conditions of her last substantive visa, whether she intended to comply with the conditions of the proposed Subclass 600 visa, and considering any other relevant matters. The Tribunal noted Ms Aryani's previous compliant visit to Australia in 2011 on a sponsored visitor visa and her intention to comply with all conditions of the new visa, including not working, not studying for more than three months, and departing Australia before her visa expired.

The Tribunal found that Ms Aryani had complied substantially with the conditions of her previous substantive visa. Furthermore, both Ms Aryani and her sponsor provided evidence that they understood the conditions of the visa and the potential consequences of any breach. Given this evidence, the Tribunal was satisfied that Ms Aryani genuinely intended to stay temporarily in Australia for the purpose of visiting her sister.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, with a direction that Ms Aryani met the criteria under clause 600.211 of Schedule 2 to the Regulations.