Mani (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, brought by an applicant who had been in Australia since May 2019. The applicant sought a further 12-month stay, which would result in her being authorised to remain in Australia for more than 12 consecutive months. The delegate refused the visa application, finding that the circumstances presented did not constitute exceptional circumstances as required by clause 600.215 of the *Migration Regulations 1994* (Cth). The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 600.215 of Schedule 2 to the Regulations. Specifically, the Tribunal was required to determine if there were exceptional circumstances justifying the grant of the visa, given that the grant would authorise the applicant to stay in Australia for a total period exceeding 12 consecutive months. The Tribunal considered the reasons provided by the applicant in her visa application, which initially related to social events, and contrasted these with further information provided to the Tribunal concerning her daughter's significant health issues and fertility treatment.

The Tribunal reasoned that while the initial stated reasons for the visa application were not exceptional, the subsequent information regarding the daughter's ongoing IVF treatment and the applicant's crucial role in providing support constituted exceptional circumstances. The Tribunal noted the daughter's medical conditions, including bilateral lower back pain, chronic osteoarthritis, and fertility issues, and the intensive nature of the IVF process. The Tribunal was satisfied that the applicant's presence was essential for her daughter's well-being and to assist her through the physically and emotionally demanding procedures. Accordingly, the Tribunal found that the requirements of clause 600.215 were met.

The Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under clause 600.215 of Schedule 2 to the Regulations.