HUANG (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600 (Tourist stream), by a national of China. The applicant sought to remain in Australia for a period exceeding 12 consecutive months, which would result from the grant of the visa, to care for her daughter and granddaughter. The Tribunal was required to determine whether the applicant met the criteria under cl.600.215 of the Migration Regulations 1994, which mandates exceptional circumstances for a visa grant that would result in a stay of more than 12 consecutive months.

The Tribunal considered the applicant's stated reasons for the extended stay, which were to care for her daughter and granddaughter. It accepted that the applicant wished to provide this care. However, the Tribunal noted that no further reasons were provided, and crucially, no medical evidence regarding the granddaughter's condition was presented. The Tribunal interpreted "exceptional circumstances" according to its ordinary English meaning, referring to it as unusual or atypical, as supported by case law such as *An v Minister for Immigration and Citizenship* [2007] FCAFC 97.

Ultimately, the Tribunal concluded that the circumstances presented did not meet the threshold of "exceptional" as required by cl.600.215. The applicant's desire to care for family, while understandable, was not considered sufficiently unusual or extraordinary to satisfy the regulatory requirement, particularly in the absence of supporting evidence for the claimed need for care. Consequently, the Tribunal affirmed the decision under review.