MANDANGU (Migration)

The Administrative Appeals Tribunal considered an appeal by Mr. Mandangu against the refusal of his Visitor (Class FA) visa, Subclass 600. Mr. Mandangu sought to remain in Australia, and the core of the dispute revolved around whether exceptional circumstances existed to justify the grant of the visa, particularly given his prolonged stay in Australia on visitor and bridging visas.

The primary legal issue before the Tribunal was to determine whether Mr. Mandangu met the criteria for the grant of a Visitor visa under clause 600.215 of the Migration Regulations 1994. Specifically, the Tribunal had to assess if "exceptional circumstances" existed, as defined by the regulations and interpreted by case law, which would permit the grant of a visa that would result in the applicant being authorised to stay in Australia for more than 12 consecutive months on visitor and bridging visas.

The Tribunal applied the definition of "exceptional circumstances" as articulated in *Maan v Minister for Immigration and Citizenship* [2009] FCAFC 150, which describes circumstances that are out of the ordinary course, unusual, special, or uncommon, but not necessarily unique or unprecedented. The Tribunal also referred to the Department's Procedures Advice Manual (PAM3), which outlines examples of exceptional circumstances, such as serious illness or death of a close family member requiring the applicant's presence, or unforeseen changes in circumstances causing significant hardship to an Australian resident. The Tribunal found that Mr. Mandangu's stated intention to continue studying and the alleged financial burden of returning to his home country did not constitute exceptional circumstances, as there was no evidence to support these claims or demonstrate that they were beyond the ordinary course of events or beyond his control.

Consequently, the Tribunal concluded that the criteria for exceptional circumstances under clause 600.215 were not met. The appeal was therefore dismissed, upholding the original decision to refuse the visa.