Ratakele (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Tourist stream, by a Fijian national. The applicant sought to remain in Australia for up to 12 months to accompany her aunt, an author, on book tours and to explore other parts of the country. She indicated that her family in Australia would provide financial support for her stay. The Tribunal was required to determine whether the applicant had adequate means of financial support and whether she was a genuine temporary entrant.

The Tribunal considered whether the applicant had demonstrated adequate means of support and whether she genuinely intended to stay in Australia temporarily. Evidence presented included a letter from her cousins stating they would provide financial support, accompanied by payslips. The applicant testified that her aunt had funded her initial trip to Australia and that she had no personal funds. She stated she had been studying towards a Certificate III in Disability Support but could not complete it due to a lack of work rights. The applicant confirmed she had accompanied her aunt on book tours in 2018 and that her aunt continued to promote books overseas. When questioned about her continued presence in Australia, she explained she was awaiting the outcome of a review application and expressed a desire to remain in Australia permanently and seek work. Her aunt confirmed providing financial support and mentioned her own overseas travel and foster care responsibilities.

The Tribunal found that the applicant's stated intention to stay temporarily was not genuine. It noted that the applicant had remained in Australia for an extended period, had no personal funds, and relied entirely on family support. Crucially, the applicant expressed a clear intention to remain in Australia and seek work, which contradicted the requirement for a genuine temporary stay. Consequently, the Tribunal was not satisfied that the applicant met the requirements of clause 600.211 of the Migration Regulations, which pertains to the genuine temporary entrant criterion.

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