Bicotier Ndombasi (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, by a visa applicant who sought to visit family in Australia. The primary issue before the Tribunal was whether the visa applicant met the requirements of clause 600.211 of Schedule 2 to the Migration Regulations, which mandates that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment required consideration of the applicant's compliance with previous visa conditions, their intention to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The delegate had refused the application, finding that the visa applicant, a 47-year-old married female, had not provided sufficient evidence of personal assets or family members remaining in her country of residence to demonstrate a genuine intention to return. The delegate also noted a lack of evidence of previous travel to a third country. The visa applicant had provided documents such as a travel insurance policy, bank statements, an invitation letter, a South African residence permit, an employment letter, payslips, a driver's license, and a lease agreement.

The Tribunal, however, concluded that the visa applicant did genuinely intend to stay temporarily in Australia. While acknowledging the delegate's concerns, the Tribunal found that the provided evidence, when considered holistically, satisfied the requirements of clause 600.211. The Tribunal remitted the application for reconsideration, directing that the visa applicant met the criteria under clause 600.211.