Sander (Migration)

The matter before the Tribunal concerned a Visitor (Class FA) visa, subclass 600 (Visitor) (tourist stream), applied for by a 69-year-old citizen of Papua New Guinea. The review applicant was the visa applicant's sister, an Australian permanent resident. The visa applicant sought to visit family members in Australia for up to 12 months, accompanied by her granddaughter. The delegate had refused the visa application, citing concerns that the applicant did not meet clause 600.211 of the Regulations, which relates to genuine temporary entrant and intention to comply with visa conditions.

The primary legal issue before the Tribunal was whether the visa applicant was a genuine temporary entrant and intended to comply with the conditions of the visa. Specifically, the Tribunal had to consider the delegate's concerns regarding the applicant's previous extended stays in Australia on bridging visas after her last substantive visa ceased, and the presence of close family members in Australia. The delegate had also questioned the weight of the applicant's ties to her home country in compelling her departure.

The Tribunal found that the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, thereby meeting the requirements of clause 600.211. The Tribunal considered the applicant's circumstances, including her family ties in both Papua New Guinea and Australia, her previous visits to Australia, and the fact that she had remained in Australia on bridging visas for serious and extensive medical treatment and rehabilitation. Ultimately, the Tribunal was satisfied that the applicant's intention to visit Australia temporarily was genuine.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant met the criteria of clause 600.211 of Schedule 2 to the Regulations.