Chen (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse a Subclass 600 (Visitor) visa to Ms Chunmei Song, a citizen of China. The review application was lodged by Ms Kaixin Chen, Ms Song's daughter, who is a permanent resident of Australia. The delegate refused the visa on the basis that Ms Song did not satisfy clause 600.211 of the Migration Regulations 1994, which requires the applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal was required to determine whether Ms Song genuinely intended to stay temporarily in Australia. This involved considering whether she had complied with the conditions of any previous visas, whether she intended to comply with the conditions of the Subclass 600 visa (including not working, not undertaking study for more than three months, and departing Australia before her visa expired), and any other relevant matters. The Tribunal noted that the visa applicant had previously had a visitor visa refused and had not declared other family members in her application.

The Tribunal considered the evidence presented, including testimony from Ms Song and Ms Chen at a hearing conducted via telephone with the assistance of an interpreter. Ms Song stated she did not intend to work, study, or apply for further visas in Australia, and would depart before her visa expired. However, the Tribunal found that Ms Song did not satisfy the genuine temporary entrant requirement. The Tribunal's reasoning for this conclusion is not fully detailed in the provided text, but it is stated that the Tribunal was not satisfied that Ms Song genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa, finding that the requirements of clause 600.211 were not met.