Karbiah (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the review applicant sought to persuade the Tribunal that the visa applicant was a genuine temporary entrant. The dispute centred on whether the visa applicant genuinely intended to visit her family in Australia and then return to her country of origin, as required by the visa criteria. The decision was made by a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the visa applicant met the genuine temporary entrant requirement, specifically criterion cl.600.211 of Schedule 2 to the Regulations. This involved assessing the credibility of the review applicant and considering the potential consequences for the visa applicant's future applications should she breach the visa conditions.

The Tribunal was persuaded by new evidence provided by the review applicant regarding the visa applicant's finances. The Tribunal acknowledged the review applicant's awareness of the potential impact on future visa applications if the visa applicant did not abide by the visa conditions. Crucially, the Tribunal concluded that if the visa applicant were to breach the conditions, particularly by applying for a permanent visa, it would indicate a lack of genuine fear of returning to her country of origin. However, in light of the new evidence, the Tribunal was satisfied that the criterion was met and remitted the matter for reconsideration. The Tribunal directed that the applicant meets the criteria for a Subclass 600 visa.