Lin (Migration)

This matter concerned an application by Ms Xiu Lin for a review of a decision by a delegate of the Minister for Immigration to refuse her a Visitor (Class FA) visa, subclass 600, sponsored family stream. Ms Lin had applied for the visa on 4 September 2018, seeking to satisfy the primary criteria, including clause 600.211 of the Migration Regulations, which requires the applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted. The delegate refused the visa on the basis that Ms Lin did not meet this criterion. The review applicant, Mr Mouhua Lin, Ms Lin's brother and sponsor, appeared before the tribunal to give evidence and present arguments.

The central legal issue before the tribunal was whether Ms Lin met the requirements of clause 600.211. This involved assessing whether she genuinely intended to stay temporarily in Australia for the purpose of visiting her brother and his family. The tribunal was required to consider whether Ms Lin had complied with the conditions of any previous visas, whether she intended to comply with the conditions of the subclass 600 visa, and any other relevant matters. The tribunal noted that Ms Lin's brother had recently purchased a new home where he resided with his wife and two young children.

The tribunal found that the purpose for which Ms Lin sought the visa, namely to visit her brother and his family in Australia, was a valid purpose for a sponsored family stream visa. The tribunal was satisfied that this purpose was genuine. The tribunal also noted that Ms Lin's husband and children remained in China, which provided a strong incentive for her to return. The tribunal concluded that Ms Lin had a genuine incentive to return to her home country. The tribunal remitted the decision for reconsideration.