Bloodworth (Migration)

This matter concerned an application for review of a decision not to grant a Visitor (Class FA) visa, Subclass 600, to the applicant, a citizen of the United States. The applicant had arrived in Australia on 1 December 2016 and sought a further stay until 1 December 2018. Granting this visa would result in the applicant remaining in Australia for a period exceeding 12 consecutive months. The review was conducted by a Tribunal member, Mary Urquhart.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 600.215 of the Migration Regulations 1994, specifically whether there were "exceptional circumstances" justifying a stay in Australia exceeding 12 consecutive months. The Tribunal was required to interpret the meaning of "exceptional circumstances" in this context, considering its ordinary English meaning and relevant legal authority.

The Tribunal reasoned that "exceptional circumstances" means unusual or atypical, as per the majority decision in *An v Minister for Immigration and Citizenship* [2007] FCAFC 97. While acknowledging policy guidance from the Department's Procedures Advice Manual, the Tribunal noted it was not binding. The applicant's stated reasons for seeking an extended stay, primarily to spend more time with her Australian partner and to facilitate travel to the USA to care for her sick father and assist her mother's business, were considered. However, the Tribunal concluded that these circumstances did not constitute exceptional circumstances as required by the regulation. The Tribunal found that the applicant's desire to simplify travel arrangements and spend time with her partner, while understandable, did not rise to the level of being unusual or extraordinary in the context of the visa criteria.

Consequently, the Tribunal affirmed the decision not to grant the Visitor (Class FA) visa, Subclass 600, as clause 600.215 was not met.