Maung (Migration)

The Administrative Appeals Tribunal considered an application by Mr Maung, an 83-year-old man from Myanmar, for a Visitor (Class FA) visa, Subclass 600. The purpose of the visa application was to visit his two adult children and their families residing in Australia. The primary issue before the Tribunal was whether Mr Maung met the criteria under cl 600.211 of the Migration Regulations 1994, specifically whether he genuinely intended to stay temporarily in Australia for the stated purpose.

The Tribunal was required to determine three aspects of cl 600.211: whether Mr Maung had complied substantially with the conditions of his last substantive visa, whether he intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The Tribunal noted that Mr Maung had previously visited Australia in 2019 on a visitor visa and departed within seven weeks, well before its expiry, with no evidence suggesting non-compliance with its conditions. The Tribunal was satisfied that he had substantially complied with his previous visa conditions.

Furthermore, the Tribunal considered whether Mr Maung intended to comply with the conditions of the proposed Subclass 600 visa, which included not working in Australia (cl 8101) and not engaging in study or training for more than three months (cl 8201). Given that Mr Maung was an 83-year-old pensioner living with his wife in Myanmar, the Tribunal found no information to suggest he would seek to work or study, and was therefore satisfied he would comply with these conditions. In assessing other relevant matters, the Tribunal acknowledged the delegate's concern that Mr Maung might seek to remain in Australia permanently, weighing the incentive to return to Myanmar (family members, pension, leasehold property) against the potential incentive to remain due to the political situation in Myanmar and the presence of his children in Australia. The Tribunal concluded that Mr Maung genuinely intended to stay temporarily in Australia for the purpose of his visit.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that Mr Maung met the criteria under cl 600.211.