Prasad (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by a 15-year-old applicant. The review applicant, who was sponsoring the applicant, sought for her to come to Australia to complete her secondary schooling. The applicant's mother, who was in Australia on a bridging visa in relation to a partner visa application, also expressed a desire for her daughter to come to Australia, citing concerns about the applicant being alone at home and her ceasing to attend school in Fiji.

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 complied substantially with the conditions of their last substantive visa or any subsequent bridging visa, whether they intend to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal considered that the stated purpose of study was not a purpose for which a visa in the Sponsored Family stream could be granted, as per clause 600.231. Furthermore, the Tribunal noted that the applicant had no prior travel history to Australia. The conditions of the proposed visa included not working in Australia, not engaging in study for more than three months, not being entitled to a substantive visa while remaining in Australia, and not remaining in Australia after the end of the permitted stay. The Tribunal also took into account that the review applicant had not sought professional advice regarding the visa application. Ultimately, the Tribunal was not satisfied that the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, finding that the requirements of clause 600.211 were not met.

The Tribunal affirmed the decision not to grant the visa applicant a Visitor (Class FA) visa.