SAW (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), made by Kyi Kyi. The review applicant, Kyi Kyi's sister who resides in Australia, provided evidence regarding Kyi Kyi's circumstances in Myanmar and her intention to visit Australia. The Administrative Appeals Tribunal (AAT) was tasked with determining whether Kyi Kyi genuinely intended to stay in Australia temporarily.

The primary legal issue before the Tribunal was whether Kyi Kyi met the criteria under cl.600.211 of Schedule 2 to the Migration Regulations 1994, which requires a visa applicant to genuinely intend to stay in Australia temporarily for the purpose for which the visa is granted. This involved assessing various factors indicative of Kyi Kyi's ties to her home country and her incentives to return.

The Tribunal considered evidence that Kyi Kyi owned and operated a taxi business in Myanmar with her sister, was employed as a store manager, and earned sufficient income to support herself. She also lived with her sister, Thidar, and they intended to continue living together, with Kyi Kyi assisting in the business and household. Furthermore, Kyi Kyi had family and religious ties in Myanmar, and expressed a preference for living in Myanmar in old age due to greater ease of care and a more conducive environment for her Buddhist faith. The Tribunal noted that Kyi Kyi had no adverse information regarding her migration history or any difficulties in Myanmar.

Based on the totality of the evidence, the Tribunal was satisfied that Kyi Kyi genuinely intended to stay in Australia temporarily. Consequently, the Tribunal remitted the application for reconsideration with a direction that Kyi Kyi met the criteria under cl.600.211.