JUMA (Migration)

This matter concerned an appeal by Yvonne Juma against a decision of the Migration Review Tribunal regarding her application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (sponsored family stream). The primary issue before the Tribunal was whether Ms. Juma met the criteria under clause 600.211 of Schedule 2 to the Migration Regulations 1994, which requires the Tribunal to be satisfied that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment involved considering whether the applicant had complied with the conditions of her last substantive visa, intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal considered evidence that the visa application form was completed by a registered migration agent based on information provided by Ms. Juma and her sister, who was the review applicant. Ms. Juma, a 51-year-old Kenyan citizen, intended to visit her sister and family in Australia and tour the country, seeking a 12-month visa to facilitate travel within the next year. The application stated she had no family members in her home country not travelling to Australia, despite her previous visa application being refused due to insufficient ties to Kenya. At the time of the application, she was not working due to the COVID-19 pandemic, though she had been employed at Romas Salon since 2014. Her stay in Australia was to be funded by her sister and brother-in-law.

The Tribunal found that the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, thereby meeting the requirements of clause 600.211. Despite the omission of family members in Kenya on the application form and her current unemployment due to the pandemic, the Tribunal was satisfied with the overall assessment. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that Ms. Juma met the criteria under clause 600.211.