Bui (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Bui for a Visitor (Class FA) visa, Subclass 600 (Tourist stream). The core of the dispute revolved around whether Ms. Bui met the criteria for being a genuine temporary entrant, specifically clause 600.211 of the Migration Regulations 1994, which requires the Tribunal to be satisfied that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal was required to determine if Ms. Bui had complied substantially with the conditions of her previous visas, if she intended to comply with the conditions of the Subclass 600 visa, and to consider any other relevant matters. The visa conditions in question included not working in Australia, not engaging in study or training 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 its reasoning, the Tribunal acknowledged Ms. Bui's previous compliance with visa conditions during visits in 2009 and 2015, giving weight to this history. It also considered her circumstances in Vietnam, including her age, her involvement in running a farm with her husband, and her family ties there, comprising a husband and three children. The Tribunal was satisfied that, despite being of working age, Ms. Bui would not engage in work, study, or training in Australia, thus intending to comply with conditions 8101 and 8201. Furthermore, documentation confirming her land use rights in Vietnam was considered as a relevant matter.

Ultimately, the Tribunal found that Ms. Bui met the requirements of clause 600.211. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that Ms. Bui meets the specified criteria for the Subclass 600 visa.