Jeffery (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) in the tourist stream, made by a woman from Burkina Faso who sought to visit her sister and the sister's children in Australia. The decision was made by Nicole Burns, a Member of the Tribunal.

The primary 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. This clause mandates that the Tribunal must be satisfied that the 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 or any subsequent bridging visa, whether they intend to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal reasoned that as the applicant had not previously visited Australia, the requirement for substantial compliance with previous visa conditions was not applicable. The Tribunal was satisfied, based on the provided evidence including employer letters and payslips, that the applicant, a 45-year-old account manager and bank executive, intended to comply with the conditions of the Subclass 600 visa, specifically those prohibiting work and study exceeding three months, and requiring departure at the end of the permitted stay. The Tribunal also considered factors incentivising the applicant to remain in Australia and those encouraging her return to her home country, including her executive employment, accrued leave, financial capacity for the trip, and her family ties in Burkina Faso.

Ultimately, the Tribunal found that the visa applicant genuinely intended to stay temporarily in Australia for the stated purpose and that the requirements of clause 600.211 were met. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600 (Visitor), for reconsideration with a direction that the applicant met the criteria under clause 600.211.