Bhachi (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, Sponsored Family stream, made by Thalma Bhachi, a citizen of Zimbabwe. The applicant intended to visit her sister, who is an Australian permanent resident. The primary issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 600.211 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had complied substantially with the conditions of her last substantive visa, whether she intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The Tribunal noted that the applicant had previously travelled to Australia with her mother and had not complied with the conditions of that visa, requiring her departure on a Bridging Visa E. The potential conditions for the Subclass 600 visa included not working, not engaging in study for more than three months, not being entitled to a substantive visa while remaining in Australia, and not remaining in Australia after the end of her permitted stay.

In reaching its decision, the Tribunal considered the applicant's previous non-compliance with visa conditions during a prior visit to Australia. It also took into account the applicant's medical condition, Down Syndrome, and a speech disability, as well as the sponsor's evidence regarding her financial support. However, the Tribunal found that there was insufficient evidence to substantiate the applicant's ties to her home country of Zimbabwe. Consequently, the Tribunal was not satisfied that the applicant genuinely intended to stay temporarily in Australia.

The Tribunal affirmed the decision not to grant the visa applicant a Visitor (Class FA) visa, finding that the requirements of clause 600.211 were not met.