Manveet kaur (Migration)

This matter concerns an application for a Visitor (Class FA) visa, subclass 600, Tourist stream, made by an Indian national. The primary issue before the Tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia, as required by clause 600.211 of the Migration Regulations. The applicant sought to visit family in Australia, a purpose consistent with the Tourist stream.

The Tribunal was required to assess two aspects of clause 600.211. Firstly, it considered whether the applicant had substantially complied with the conditions of any last substantive visa or subsequent bridging visa. As the applicant had never held a visa to Australia, this aspect was not applicable. Secondly, the Tribunal examined whether the applicant intended to comply with the conditions of the Subclass 600 visa, specifically conditions 8101 (no work in Australia) and 8201 (no study or training in Australia for more than three months).

In its reasoning, the Tribunal found no information suggesting the applicant would breach conditions 8101 or 8201, and was therefore satisfied on this point. The Tribunal also considered evidence relating to the applicant's relationship with the review applicant, who is an Australian citizen. This included the marriage certificate, the review applicant's travel to India, her reasons for returning to India, and the timing of a partner visa application. The Tribunal noted the review applicant had resigned from her employment in Australia due to depression and lack of family support, and intended to seek employment upon her return.

Ultimately, the Tribunal concluded that the requirements of clause 600.211 were met. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the visa applicant meets the criteria under clause 600.211 of Schedule 2 to the Regulations.