Lee (Migration)

[2017] AATA 1475

Lee (Migration) [2017] AATA 1475 (25 August 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Ming-Chuan Lee

CASE NUMBER:  1701089

DIBP REFERENCE(S):  BCC2016/4182469

MEMBER:Tania Flood

DATE:25 August 2017

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for a Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant meets the following criteria for a Subclass 600 (Visitor) (Class FA) visa:

·cl.600.212 of Schedule 2 to the Regulations.

Statement made on 25 August 2017 at 1:12pm

CATCHWORDS

Migration – Visitor (Class FA) visa – Subclass 600 (Visitor) – Adequate support during intended stay – Religious seminar program – Air ticket expiry – Money transfers from savings

LEGISLATION

Migration Act 1958, s 65

Migration Regulation 1994, Schedule 2, cl 600.212

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 4 January 2017 to refuse to grant the visa applicant a Visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 11 December 2016. At the time the visa application was lodged, Class FA contained one subclass, Subclass 600 (Visitor), with four streams. The criteria for a Subclass 600 visa are set out in Part 600 of Schedule 2 to the Migration Regulations 1994 (the Regulations). Relevantly to this case, they include cl.600.212, which requires the visa applicant to demonstrate she has adequate means to support herself during her intended stay in Australia.

3. The delegate refused to grant the visa on the basis that the visa applicant did not meet cl.600.212 because she failed to provide evidence of having adequate funds or access to adequate funds to support her stay in Australia.  

4. The applicant appeared before the Tribunal on 23 August 2017 to give evidence and present arguments.

5. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   BACKGROUND

6. The visa applicant in a national of Taiwan.  She is a professional model and actress.  She arrived in Australia most recently on 16 September 2016 on a visa which ceased on 16 December 2016.  On 11 December 2016 she lodged an application for a FA600 Visitor – Tourist Stream visa, requesting an extended stay until 16 June 2017 for reason of continuing her religious services.

   TRIBUNAL HEARING

7. At the Tribunal hearing the visa applicant provided the following information in respect of her request for a visa extension:

8. Her reason for being in Australia and for wishing to extend her stay is to complete a program of religious seminars run by her church, the Advanced Organisation of Saint Hill Anzo.  Her church in Taiwan only offers seminars at a certain level and she wants to complete the higher level seminar series before returning to Taiwan.

9. The seminar series does not operate according to a fixed schedule but she expects to finish it by mid-September 2017.  She is planning to depart for Taiwan on 16 September 2017 as this is the date on which her air ticket will expire.   If her seminar is not concluded by that date she will have to return to Taiwan regardless for this reason. Also she has been away from her occupation and her parents in Taiwan for a long time and she needs to go back for those reasons.

10. She has supported her stay in Australia to date from her own savings.  To date she has transferred the equivalent of AUD$17,000, of which approximately AUD$3,000 remains.  She has significant savings in Taiwan of approximately $3,000,000 local currency (approximately AUD$125,000).  At the conclusion of the hearing the visa applicant produced evidence of her claimed financial position in Taiwan.

    CONSIDERATION OF CLAIMS AND EVIDENCE

11. The Tribunal notes that the decision of the Delegate was made purely in respect of the requirements of cl.600.212.  The Delegates reasons clearly support this despite the concluding paragraph of the decision referring to cl.600.221.  The Tribunal is of the view the Delegates reference to cl.600.221 is a typographical error.

12. The Tribunal is satisfied that the issue in this case is whether cl.600.212 is met.  This requires the Tribunal to be satisfied that the visa applicant has adequate means to support herself or access to adequate means to support herself during the period of her intended stay in Australia.

13. Following the Delegates decision being issued the visa applicant produced a copy of an ANZ bank statement in her name showing a bank balance of AUD$11,176.93.  An updated bank statement was produced at hearing showing a bank balance of AUD$3,469.64.  Post-haring the visa applicant produced evidence of significant cash savings held in a Taiwanese bank account.

14. On the basis of the above information, and given the visa applicant’s stated intention to only want to remain in Australia until 16 September 2017 the Tribunal is satisfied she has adequate means to support herself and/or access to adequate means to support herself during the period of her intended stay in Australia.  The Tribunal finds she meets the requirements of cl.600.212.

    DECISION

15. The Tribunal remits the application for a Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant meets the following criteria for a Subclass 600 (Visitor) (Class FA) visa:

    ·cl.600.212 of Schedule 2 to the Regulations.

    Tania Flood
    Member