Phan (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) in the tourist stream, brought before the Administrative Appeals Tribunal. The applicant sought to visit family in Australia, specifically her 17-year-old son who held a student visa and was completing his secondary education in Melbourne. The applicant also had other family members residing in Australia and siblings in Vietnam, with both parents deceased.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 600.211 of Schedule 2 to 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 involves considering whether the applicant has substantially complied with the conditions of their last substantive visa, whether they intend to comply with the conditions of the proposed Subclass 600 visa, and any other relevant matters.

The Tribunal considered the applicant's compliance with her previous visitor visa in 2011, finding that she had departed Australia within the visa period and had complied with its terms. Regarding her intention to comply with the conditions of the Subclass 600 visa, specifically not to work or study for more than three months, the Tribunal was satisfied. This satisfaction was based on evidence of the applicant's financial stability through ownership of rental properties in Vietnam, substantial cash reserves, and her stated intention to supplement her income through occasional cooking work. The Tribunal accepted that the applicant was financially established and unlikely to seek to study.

Consequently, the Tribunal found that the applicant met the criteria under clause 600.211. The Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the applicant satisfied this specific criterion.