Ballard (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Sponsored Family stream), made by a Thai national married to an Australian citizen. The primary issue before the Tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by clause 600.211 of the Migration Regulations. The Tribunal was required to consider the applicant's compliance with previous visa conditions, her intention to comply with the conditions of the proposed visa, and any other relevant matters.

The Tribunal considered the visa applicant's circumstances, including her marriage to the review applicant, her children and mother in Thailand, and her recent establishment of a retail business there. It noted the review applicant's frequent travel to Thailand to visit the visa applicant and his willingness to provide financial support. The Tribunal also took into account the visa applicant's previous compliant visits to Australia and her stated intention to return to Thailand to manage her new business, limiting her proposed stay to one to two months.

The Tribunal was satisfied that the visa applicant had no adverse migration history and intended to comply with the conditions of the Subclass 600 visa, specifically those prohibiting work and study for more than three months, and requiring departure at the end of the permitted stay. Given the visa applicant's responsibilities in Thailand, including her business and family, and the review applicant's financial capacity and willingness to provide a security bond if required, the Tribunal concluded that the requirements of clause 600.211 were met. The Tribunal remitted the application for reconsideration with a direction that the visa applicant met the specified criteria.