Nguyen (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse a Visitor (Class FA) visa, subclass 600 (Sponsored Family Stream). The visa applicant, a 50-year-old woman, applied for the visa on 22 June 2018. The delegate refused the visa on the basis that the applicant did not satisfy clause 600.211 of the Migration Regulations, which requires the applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted. A review applicant, the 29-year-old daughter of the visa applicant, appeared before the tribunal to present evidence and arguments.

The primary legal issue before the tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia, as required by clause 600.211. In determining this, the tribunal was required to consider whether the applicant had complied substantially with the conditions of her last substantive visa or any subsequent bridging visa, whether she intended to comply with the conditions of the subclass 600 visa, and any other relevant matters. The tribunal also had regard to the family background of the applicant, including that three of her six siblings resided in Australia, while her mother, father, and three daughters lived in Vietnam. The stated purpose for the visa application was to visit her children and grandchildren in Australia.

The tribunal considered the migration history of the visa applicant's husband, noting that he had travelled to Australia in 2012 and again from late 2013 to early 2015. While the 2012 travel was assumed to be compliant, the tribunal accepted evidence that his travel in 2014 involved non-compliant circumstances. The tribunal also noted that the visa applicant's stated purpose for visiting Australia, to see her children and grandchildren, was a purpose for which a visa in the sponsored family stream could be granted. However, the delegate's refusal was based on a lack of satisfaction regarding the applicant's genuine intention to stay temporarily. The tribunal ultimately remitted the decision under review.