Putta (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, Tourist stream. The applicant sought reconsideration of a decision concerning their eligibility for the visa.

The primary legal issues before the Tribunal were whether the applicant met the requirements of clauses 600.215 and 600.211 of Schedule 2 to the Migration Regulations. Clause 600.215 concerns exceptional circumstances for visa grant, specifically relating to the total period of authorised stay in Australia across various visa types. Clause 600.211 requires the Tribunal to be satisfied that the applicant genuinely intends to stay temporarily in Australia.

The Tribunal reasoned that the applicant's previous stay in Australia, which concluded on 4 May 2016, did not breach clause 600.215 at the time of their application for the current visa. It found that the grant of the visa would not result in the applicant being authorised to stay in Australia for more than 12 consecutive months, as their previous authorisation had ceased. The Tribunal also found that the applicant met the requirements of clause 600.211, indicating a genuine intention to stay temporarily.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clauses 600.211 and 600.215.