Mortis (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (Sponsored Family stream). The applicant sought to visit family members in Australia. The primary issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by clause 600.211 of the Migration Regulations.

The Tribunal was required to consider whether the applicant had substantially complied with the conditions of their last substantive visa and any subsequent bridging visas, and whether they intended to comply with the conditions of the Subclass 600 visa. Additionally, the Tribunal had to consider any other relevant matters. The applicant's history of visa compliance, including previous visits to Australia and the circumstances surrounding a period of unlawful status, were central to this assessment. The Tribunal also had to consider the operation of Public Interest Criterion 4014, which imposed a three-year exclusion period.

The Tribunal found that the applicant had been substantially compliant with the terms of their last substantive visas and subsequent bridging visas. While acknowledging a brief period of unlawful status due to an expired passport, the Tribunal was satisfied that this was a minor issue and that the applicant had taken steps to rectify the situation and depart Australia promptly. The Tribunal also noted the applicant's current family responsibilities and employment in their home country, as well as the potential mental and psychological health benefits to their family from their visit. Based on these considerations, the Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia for the purpose of visiting family.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600 (Visitor) for reconsideration, with a direction that the applicant met the criteria under clause 600.211 of Schedule 2 to the Regulations.