Kwon (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600 (tourist stream), before the Tribunal. The applicant sought to remain in Australia to collect monies owed to her pursuant to a court order.

The central legal issue before the Tribunal was whether the applicant met the criteria under clause 600.215 of the Migration Regulations 1994. This clause requires exceptional circumstances for the grant of a visa if it would result in the applicant being authorised to remain in Australia for more than 12 consecutive months. The Tribunal was required to determine if the applicant's desire to collect outstanding monies constituted such exceptional circumstances.

The Tribunal reasoned that the term "exceptional circumstances" should be interpreted according to its ordinary English meaning, signifying something unusual or extraordinary. While acknowledging the applicant's situation of seeking to recover monies owed under a court order, the Tribunal found that this did not rise to the level of exceptional circumstances as contemplated by the regulation. The Tribunal noted that the applicant had previously held a Working Holiday visa and a Visitor visa, and the grant of the current visa would extend her stay beyond 12 consecutive months. Applying the ordinary meaning of "exceptional" and considering the context of the applicant's prolonged stay, the Tribunal concluded that the circumstances were not sufficiently unusual or extraordinary to satisfy clause 600.215.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Visitor (Class FA) visa.