EKPAR (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (Sponsored Family stream). The review applicant, the son of the visa applicant, sought to have the Tribunal's decision set aside. The central dispute revolved around whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

The legal issue before the Tribunal was whether the visa applicant met the requirements of clause 600.211 of Schedule 2 to the *Migration Regulations 1994* (Cth). This clause mandates that the Tribunal must be satisfied that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment requires consideration of whether the applicant has substantially complied with the conditions of their last substantive visa, intends to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The purpose for which the visa was sought was to visit her son and his family in Australia.

The Tribunal considered evidence regarding the visa applicant's circumstances in China, including her caring responsibilities for her daughter and immature son, her social networks, and her health. It was noted that the visa applicant had no intention of remaining in Australia permanently, citing her lack of English language skills, her happiness and familiarity with her home in Urumqi, and the potential negative impact on her health if she were to stay long-term. The Tribunal found that these factors, combined with the visa applicant's intention to return to China to continue her caring duties, supported a genuine intention to stay temporarily.

Consequently, the Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, and therefore met the requirements of clause 600.211. The Tribunal remitted the application for reconsideration with a direction that the visa applicant met this criterion.