SHEN (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Sponsored Family stream), made by a 63-year-old national of China. The applicant sought to visit her daughter, who resides in Australia. The Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as stipulated by clause 600.211 of the Migration Regulations 1994.

The Tribunal's assessment focused on whether the applicant had complied substantially with the conditions of her previous visas and whether she intended to comply with the conditions of the Subclass 600 visa. It was noted that the applicant had previously overstayed a visa in 2014, which weighed against her credibility regarding compliance with visa conditions. Furthermore, the applicant's stated intention to stay for up to twelve months, coupled with her desire to have the option of staying longer, and the presence of substantial family ties in Australia, including her husband and daughter, raised concerns about her genuine intention to remain only temporarily. The Tribunal also considered the conditions that would apply to the Subclass 600 visa, such as not working or studying for more than three months, and not remaining in Australia after the end of the permitted stay.

Ultimately, the Tribunal was not satisfied that the applicant genuinely intended to stay temporarily in Australia. This conclusion was reached based on a cumulative assessment of the applicant's immigration history, including the previous visa non-compliance, and her expressed intentions and family circumstances in Australia. Consequently, the Tribunal found that the requirements of clause 600.211 were not met. The Tribunal affirmed the decision not to grant the applicant a Visitor (Class FA) visa.