Po (Migration)

This matter concerned a review of a decision to refuse a Visitor (Class FA) visa, subclass 600 (Sponsored Family stream), for a forty-two-year-old Cambodian citizen. The review applicant, who is the visa applicant's brother and an Australian citizen, sought to facilitate his brother's visit to Australia for a family wedding. The visa applicant resided with his parents in Cambodia and had access to their funds, with documentation provided including bank records, payslips, rental records, a family record book, and a lease agreement. The review applicant also provided a letter and statutory declaration expressing his support for the visa application and his willingness to provide a security bond.

The primary legal issue before the Tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia and whether the requirements of clause 600.211 of Schedule 2 to the Regulations were met. This clause pertains to the genuine temporary entrant requirement for visitor visas. The Tribunal was required to assess the credibility of the evidence presented, including oral testimony from the review applicant, and consider the visa applicant's circumstances in Cambodia in light of his intention to visit Australia.

The Tribunal found that the oral evidence provided by the review applicant was consistent and credible. It was noted that the visa applicant, despite having no personal employment, was essentially dependent on his parents and had access to their financial resources, including income from rental properties and a family business. The Tribunal also considered that the visa applicant's parents had previously visited Australia and returned to Cambodia before their visas expired, indicating a pattern of compliance with visa conditions. Based on this assessment, the Tribunal concluded that the visa applicant genuinely intended to stay temporarily in Australia for the purpose of the visa.

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.