NGUYEN (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600 (Tourist stream), made by a 31-year-old woman from Vietnam. The applicant sought to remain in Australia to live with her Australian citizen de facto partner, with the intention of satisfying the 12-month relationship requirement for a Partner Visa application. The Department had raised concerns about the applicant's alleged breach of visa conditions by working in Australia, to which the applicant did not initially respond. The Tribunal, presided over by Tania Flood, was tasked with reconsidering the application.

The primary legal issue before the Tribunal was whether the visa 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. This involved assessing whether the applicant had substantially complied with the conditions of her previous visas, whether she intended to comply with the conditions of the Subclass 600 visa, and considering any other relevant matters. The purpose of the visa was to visit her Australian citizen partner, which is a permissible purpose for the Tourist stream.

The Tribunal found that while the Department had raised concerns about the applicant working illegally, there was no evidence before the Tribunal to substantiate this claim. The applicant and her partner provided credible and consistent testimony, which the Tribunal accepted, that she had not engaged in paid work and was financially supported by her partner. The Tribunal was satisfied that the applicant had not breached the conditions of her previous visas and intended to comply with the conditions of the Subclass 600 visa, specifically not working in Australia and not engaging in study for more than three months. Consequently, the Tribunal concluded that clause 600.211 was met.

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