Cabrino (Migration)

This matter concerned an application for review of a decision to refuse to grant a Visitor (Class FA) Subclass 600 visa. The applicant sought to remain in Australia for a period that, if granted, would have exceeded 12 consecutive months. The decision under review was made by the Migration Review Tribunal.

The primary legal issue before the Tribunal was whether the applicant would be authorised to stay in Australia for a total period of more than 12 consecutive months, and if so, whether there were exceptional circumstances justifying the grant of the visa. The applicant's stated purpose for the extended stay was to continue accompanying her 82-year-old mother, spend time with their niece/granddaughter and her family, and visit tourist destinations.

The Tribunal reasoned that while the applicant's mother was elderly and the applicant wished to continue accompanying her, these circumstances did not constitute exceptional circumstances warranting the grant of the visa under the relevant criteria. Consequently, the Tribunal found that the applicant did not meet clause 600.215 of the Migration Regulations. The Tribunal affirmed the decision to refuse the visa.