Nguyen (Migration)

This matter concerns a review application in respect of a Visitor (Class FA) visa, subclass 600, Sponsored Family stream, sought by a 63-year-old woman from Vietnam. The applicant sought to visit her daughter, son, and grandchildren in Australia. The decision under review was made by the Tribunal, presided over by Member Nicole Burns.

The central legal issue before the Tribunal was whether the visa applicant met the requirements of clause 600.211 of the Migration Regulations 1994. This clause mandates that the Tribunal be satisfied that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment requires consideration of whether the applicant has complied substantially with the conditions of her last substantive visa or any subsequent bridging visa, and whether she intends to comply with the conditions of the Subclass 600 visa.

The Tribunal reasoned that the applicant's previous Tourist (Subclass 600) visa, held from 11 February 2015 to 9 June 2015, had been substantially complied with, as there was no evidence to suggest otherwise. The applicant had also been granted a Bridging visa A, which was valid until her departure from Australia. Furthermore, the Tribunal considered the conditions to which the current Subclass 600 visa would be subject, including prohibitions on work and remaining in Australia beyond the permitted stay. Based on the evidence, the Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia for the stated purpose.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the visa applicant meets the criteria of clause 600.211.