NGUYEN (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by a Vietnamese national. The review applicant, an Australian citizen and brother of the visa applicant, sought to have the visa granted. The visa applicant sought to visit his brothers and their families in Australia for up to three months. The Tribunal was required to determine whether the visa applicant met the criteria for the visa, specifically whether they genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as stipulated by clause 600.211 of the Regulations.

The Tribunal was tasked with considering several factors under clause 600.211. These included whether the visa applicant had complied with the conditions of any previous substantive or bridging visas, whether they intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The Tribunal examined the visa applicant's migration history, finding no adverse history. It also considered the visa applicant's intention to comply with conditions such as not working in Australia, not engaging in study for more than three months, not remaining in Australia after the visa expiry, and not being entitled to a substantive visa while in Australia.

In its reasoning, the Tribunal noted the visa applicant's employment in Vietnam, his permission from his employer to take leave, and his full-time custody of his eight-year-old son as significant ties to his home country. The Tribunal was satisfied that the visa applicant would reside with his brother in Australia and had no need to work there. Furthermore, the review applicant's willingness and ability to pay a security bond, along with his and his wife's financial capacity to support the visa applicant's travel and living expenses, were considered relevant factors. The Tribunal concluded that the visa applicant genuinely intended to stay temporarily in Australia and would comply with the visa conditions.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the visa applicant met the criteria under clause 600.211 of Schedule 2 to the Regulations.