Marks (Migration)

The case concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) in the Tourist stream. The primary issue before the Tribunal was whether the visa applicant met the requirements of clause 600.211 of Schedule 2 to the Migration Regulations 1994, which mandates that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment required consideration of whether the applicant had substantially complied with the conditions of their last substantive visa, whether they intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal considered evidence presented by both the visa applicant and the review applicant, who is the visa applicant's husband and an Australian citizen. The couple resided in New Zealand, where the review applicant was pursuing business opportunities. The visa applicant held employment and a work visa in New Zealand, and importantly, had an offshore Partner visa (Subclass 309) application in process. Both applicants provided clear evidence that they understood a breach of the visitor visa conditions would jeopardise the partner visa application. They also stated their intention to return to Auckland after a visit to Australia, which was supported by documentary evidence including the visa applicant's New Zealand employment contract, evidence of financial resources, a copy of their New Zealand lease agreement, and correspondence regarding the status of their partner visa application.

The Tribunal was satisfied that the visa applicant had substantially complied with previous visa conditions and that the circumstances presented, including the ongoing partner visa application and their established life in New Zealand, demonstrated a genuine intention to visit Australia temporarily for tourism and to visit family and friends. Consequently, the Tribunal found that the requirements of clause 600.211 were met. The Tribunal remitted the application for reconsideration with a direction that the visa applicant met this criterion.