Lim (Migration)

This matter concerned an application for review of a decision not to grant a Visitor (Class FA) visa, Subclass 600 (Visitor) – Tourist stream. The applicant, a 26-year-old Malaysian national, had been in Australia since March 2018 and sought a further stay to assist her mother, who was recovering from cancer surgery, and to learn about her family's farming enterprise. The decision was made by the Tribunal, with Member Moira Brophy presiding.

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 that exceptional circumstances must be demonstrated for the grant of a visa if it would result in the applicant being authorised to remain in Australia for a total period of more than 12 consecutive months, holding one or more specified visas. The applicant had lodged a third onshore application for a Visitor visa, which, if granted, would have extended her stay beyond 12 consecutive months.

The Tribunal considered the applicant's stated reasons for wishing to remain in Australia, including assisting her mother with recovery from surgery and learning about the family's grape farming business with a view to future export to Malaysia. While acknowledging the applicant's desire to support her mother and spend time with her family, the Tribunal found that these circumstances did not meet the threshold of "exceptional circumstances" as required by clause 600.215. Consequently, the Tribunal affirmed the decision not to grant the visa.