Kee (Migration)

This matter concerned an application for review of a decision not to grant a Visitor (Class FA) visa, Subclass 600, before the Migration Review Tribunal. The applicant sought to remain in Australia for the purpose of travelling around the country.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 600.211 of the Migration Regulations 1994. This clause mandates that the Tribunal be satisfied the applicant genuinely intends to stay temporarily in Australia for the granted visa's purpose, considering their compliance with previous visa conditions, their intention to comply with the proposed visa conditions, and any other relevant matters.

The Tribunal considered that while the applicant had previously complied with visa conditions, there was insufficient evidence to satisfy the requirement regarding future compliance. Specifically, the applicant provided no clear indication of how they would support themselves during an extended stay in Australia without working, despite having been in the country for a year. The bank statement presented showed significant cash deposits without a disclosed source, and no evidence of financial support from Malaysia was provided. Consequently, the Tribunal was not satisfied that the applicant intended to comply with the condition of not working in Australia. Furthermore, the applicant failed to attend a scheduled hearing, despite being properly notified and sent reminders, and the Tribunal proceeded to make a decision without further action to facilitate their attendance, pursuant to section 362B of the Migration Act 1958.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant had not met the requirements of clause 600.211.