Iopu (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, by a 70-year-old national of Samoa. The applicant sought a further extension of stay until 9 July 2019, which would result in her being in Australia for a total period exceeding 12 consecutive months. The applicant's stated reason for the extended stay was to provide childcare for her grandchild, as her daughter was working full-time. The Tribunal was required to determine whether the applicant met the criteria under clause 600.215 of the Migration Regulations 1994, which mandates exceptional circumstances for granting a visa that would allow an applicant to remain in Australia for more than 12 consecutive months.

The Tribunal considered the applicant's history of visa applications and stays in Australia, noting previous visitor visas and a refused application for a different visa class. The applicant had been granted a subclass 600 visa allowing her to remain until 9 July 2018, and she applied for the current visa on 9 July 2018. The Tribunal acknowledged the applicant's desire to assist her daughter with childcare for her grandson, who was seven years old, and accepted that the applicant had been the primary carer since the child was two weeks old, with her daughter being a single parent in full-time employment. However, the Tribunal interpreted "exceptional circumstances" in its ordinary English meaning, as unusual or extraordinary, referencing the Full Federal Court's interpretation in *An v Minister for Immigration and Citizenship* [2007] FCAFC 97.

The Tribunal concluded that while the applicant's desire to provide childcare was understandable, her circumstances did not meet the threshold of "exceptional" as required by clause 600.215. The Tribunal found that the applicant's role as a carer, while significant, was not unusual or extraordinary in the context of the visa regulations. Therefore, the Tribunal determined that the requirements of clause 600.215 were not met. The Tribunal affirmed the decision not to grant the visa.