Nguyen (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), brought before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

The Tribunal was required to determine if the applicant met the criteria under clause 600.211 of the Migration Regulations. This involved assessing whether the applicant had complied substantially with the conditions of any previous substantive or bridging visas, whether they intended to comply with the conditions of the proposed Subclass 600 visa, and considering any other relevant matters. The applicant sought the visa to visit family members, a purpose consistent with the Tourist stream.

The Tribunal considered the applicant's history, noting she had previously entered Australia on a carer visa in 2011, and her grandmother, for whom she cared, had passed away in 2012. She was living with her children and aunt, and expressed a desire to live with her boyfriend and children upon completing a community corrections order and re-establishing her businesses and relationships. The Tribunal also noted the applicant had made five previous trips to Australia to visit family between 2012 and 2015, often accompanied by her daughter and sometimes her mother, who was also a frequent visitor and was present in Australia assisting the applicant. Crucially, there was no information suggesting any non-compliance with visa conditions on these prior occasions. The Tribunal also considered the conditions of the proposed visa, including prohibitions on work and study exceeding three months, and the requirement to depart Australia before the end of the permitted stay.

Ultimately, the Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia for the purpose of her visit. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under clause 600.211.