Khakurel Subedi (Migration)

The applicant, Khakurel Subedi, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her application for a subclass 600 Visitor visa (Tourist stream). The applicant's stated purpose for visiting Australia was to see her sister and her family.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Tribunal had erred in finding that the visa applicant did not genuinely intend to stay temporarily in Australia, as required by the Migration Regulations 1994 (Cth). This involved an assessment of whether the Tribunal's conclusion was reasonably open to it on the evidence before it.

Her Honour Judge Holub found that the Tribunal had not erred in its assessment. The Tribunal had considered the applicant's submissions and the evidence presented, including the fact that the applicant had not elaborated on other incentives for her return to Nepal beyond her family ties. The Tribunal was entitled to be not satisfied that the applicant genuinely intended to stay temporarily in Australia, and its decision was therefore not affected by any error of law. The application for review was dismissed.