Edosomwan (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) in the tourist stream. The applicant sought to visit her son, daughter-in-law, and grandchildren in Australia. The primary dispute revolved around whether the applicant met the criteria under cl.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 decision was made by John Longo, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had substantially complied with the conditions of her last substantive visa, whether she intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The Tribunal was required to assess these factors in determining if the applicant was a genuine temporary entrant. The conditions to which the visa would be subject included not working in Australia and not engaging in study or training for more than three months.

The Tribunal reasoned that the applicant had a history of compliant travel to Australia and other countries, including previous visitor visas granted since 2013. Specifically, the applicant had made multiple compliant visits to Australia between 2016 and 2018. The Tribunal was satisfied that the applicant had complied with the conditions of her last substantive visa and had always returned to Nigeria as required. Furthermore, the applicant's stated intention to visit family, including grandchildren she had not yet met, was a purpose for which a tourist stream visa could be granted. Considering these factors, the Tribunal found that the applicant genuinely intended to stay temporarily in Australia and that the requirements of cl.600.211 were met.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the applicant met the criteria under cl.600.211 of Schedule 2 to the Regulations.