Nguyen (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by a visa applicant who sought to visit his sisters and their families in Australia. The Tribunal was required to determine whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as stipulated by clause 600.211 of the Migration Regulations. This assessment involved considering whether the applicant had complied with the conditions of any previous substantive or bridging visas, whether he intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal considered the visa applicant's current circumstances, including his enrolment in a full-time Bachelor of Business Administration course in Finland, supported by a scholarship, and his commitment to completing this four-year program. Evidence indicated that his residency permit in Finland was renewed annually based on academic progress. The Tribunal also noted the applicant's significant family ties in Vietnam, including parents and three siblings, as well as three siblings residing in Australia, one of whom he had not seen since 2003.

Applying the principles of clause 600.211, the Tribunal was satisfied that the visa applicant was unlikely to breach the conditions of the visa, such as working or studying in Australia for more than three months, and was likely to depart Australia at the end of his permitted stay to continue his studies in Finland. The Tribunal found that the applicant's strong family ties in Vietnam and his ongoing study commitments in Finland provided substantial inducements for his departure from Australia. Furthermore, the Tribunal accepted submissions that the applicant had no intention or incentive to reside in Australia and valued his Finnish study commitment. The Tribunal was also satisfied that clause 600.212, concerning adequate funds, was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the visa applicant met the criteria under clauses 600.211 and 600.212.