Marquez (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa (Subclass 600) made by a citizen of the Philippines, who claimed to be in a de facto relationship with an Australian citizen. The core dispute revolved around whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, a requirement under the Migration Regulations.

The Tribunal was tasked with determining if the applicant met the criteria for a genuine temporary entrant, specifically whether there was sufficient evidence to satisfy the delegate and the Tribunal that the applicant intended to remain in Australia only temporarily. This involved assessing the applicant's financial circumstances, his ties to the Philippines, and the nature of his relationship with the sponsor.

The Tribunal's reasoning focused on the applicant's limited financial ties to the Philippines and the absence of a compelling reason for him to return. Despite the claimed de facto relationship and the sponsor's efforts to spend time with the applicant in the Philippines, the Tribunal noted the applicant had not worked since 2016, with his primary income source being goat farming, which he indicated he would sell if granted the visa. Furthermore, the fact that both parties had applied for a Partner visa suggested an incentive for the applicant to remain in Australia beyond the temporary visit. The Tribunal concluded that the applicant had not demonstrated a genuine intention to stay temporarily, and therefore, the requirements of clause 600.211 of the Migration Regulations were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Visitor (Class FA) visa.