Senanayake Mudiyanselage (Migration)

This matter concerned an application for review of a decision not to grant a Visitor (Class FA) visa, Tourist stream, to a national of Sri Lanka. The applicant had been onshore in Australia for 763 days, having previously held a Visitor visa, a student visa, and two subsequent Visitor visas. She had lodged a further onshore application for a Visitor visa, seeking to remain in Australia until 31 December 2018, while also awaiting a decision on a Contributory Parent (Temporary) visa application sponsored by her son, who is a permanent resident of Australia.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 600.215 of the Migration Regulations 1994. This clause pertains to the grant of a visa where the applicant would be authorised to remain in Australia for a total period exceeding 12 consecutive months, and requires the existence of exceptional circumstances to justify such a grant.

The Tribunal considered the evidence provided, including financial statements, employment records, and academic achievements of the applicant's son, as well as documents relating to the applicant's personal circumstances. However, the Tribunal concluded that the circumstances presented did not meet the threshold of "exceptional circumstances" as required by clause 600.215. Consequently, the Tribunal found that the requirements of clause 600.215 were not met.

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