Do (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Visitor (Class FA) visa, Subclass 600, to Ms Thi Ngoc Hiep Nguyen, a citizen of Vietnam. The review applicant was Ms Jessica Tuyet Mai Do, Ms Nguyen's niece and sponsor. The delegate had refused the visa on the basis that Ms Nguyen did not satisfy clause 600.211 of Schedule 2 to the Migration Regulations 1994 (Cth), which requires an applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted. The Administrative Appeals Tribunal considered the evidence presented by both the visa applicant and the review applicant.

The primary legal issue before the Tribunal was whether Ms Nguyen met the genuine temporary entrant requirement under clause 600.211 of the Regulations. This involved assessing various factors, including her compliance with previous visa conditions, her intention to comply with the conditions of the proposed Subclass 600 visa, and any other relevant matters. The Tribunal was required to consider her stated purpose for visiting Australia, which was a family graduation, her financial capacity, her business interests in Vietnam, and the circumstances of her son who was an unlawful non-citizen in Australia.

The Tribunal found that while there were concerns regarding Ms Nguyen's son's immigration status in Australia and a previous visa refusal, these could be adequately addressed by the security bond offered by the review applicant. The Tribunal was satisfied that Ms Nguyen genuinely intended to stay temporarily in Australia for the stated purpose of attending her niece's graduation and that she intended to comply with the visa conditions, including not working or overstaying her visa. The Tribunal noted her business in Vietnam and her financial capacity as factors supporting her temporary intention.

Consequently, the Tribunal remitted the application for reconsideration with a direction that Ms Nguyen meets the criteria for the Subclass 600 (Visitor) visa, specifically clause 600.211.