Lu (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Visitor (Class FA) visa, Subclass 600 (Visitor) in the Tourist stream. The applicant, born in 1959 and a Chinese passport holder, sought to extend her stay in Australia. She had most recently arrived on a Visitor visa in September 2016, which expired in September 2017, and was holding a Bridging A visa at the time of the application for review. The applicant requested a further 15-month stay, which, if granted, would result in her being authorised to remain in Australia for more than 12 consecutive months.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 600.215 of the Migration Regulations 1994. This clause stipulates that exceptional circumstances must exist for the grant of a visa if the grant would result in the applicant being authorised to stay in Australia for a total period of more than 12 consecutive months as the holder of certain visas, including Visitor visas. The Tribunal was required to determine if the applicant's circumstances met the threshold of "exceptional circumstances" as contemplated by the regulation.

The Tribunal reasoned that the Visitor visa scheme is intended for temporary stays. The applicant's stated reasons for wishing to remain in Australia, including living with her daughter and grandchildren, her strong bond with them, her deceased husband, and her lack of a home in China, were considered. However, the Tribunal found that these circumstances did not constitute "exceptional circumstances" for the purpose of clause 600.215. The Tribunal concluded that the applicant did not intend to stay in Australia temporarily, a core principle of the Visitor visa.

Consequently, the Tribunal found that the requirements of clause 600.215 were not met. The decision under review, which refused to grant the Visitor visa, was affirmed.