McMartin (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, made by a visa applicant who sought to visit her spouse, Mr. McMartin, in Australia. The dispute before the Tribunal was whether the visa applicant met the criteria for a genuine temporary entrant under clause 600.211 of the Regulations.

The Tribunal was required to determine if the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted. This involved considering whether the applicant had complied substantially with the conditions of any previous visas, whether she intended to comply with the conditions of the subclass 600 visa, and any other relevant matters. A key consideration was the applicant's past visa compliance history, particularly her period of employment in South Korea without a valid visa.

The Tribunal acknowledged concerns regarding the visa applicant's past work in South Korea without an appropriate visa, but accepted that she had disclosed this information and was motivated by a need to support her family. It was noted that the applicant was now in a different phase of her life and that her partner visa application, currently pending, was a separate matter from her short-term intention for the visitor visa. The Tribunal found that the applicant's need to be offshore to finalise her partner visa application provided a relevant incentive for her to comply with the visitor visa conditions and depart Australia. Consequently, the Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose of the visa.

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