SHI (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Sponsored Family stream), made by a 55-year-old woman from China. The applicant sought to visit her daughter in Australia for six months to assist her during an illness. The review applicant, the applicant's daughter, stated that her mother had no desire to remain in Australia and understood the consequences of breaching visa conditions. The applicant's husband would fund the trip and her expenses in Australia, and she had strong family ties in China.

The primary legal issue before the Tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by clause 600.211 of the Migration Regulations 1994. This involved considering whether the applicant had complied with the conditions of her previous substantive visa, whether she intended to comply with the conditions of the proposed Subclass 600 visa, and any other relevant matters. The Tribunal also considered whether the applicant had adequate means to support herself during her stay.

The Tribunal found that the visa applicant had previously visited Australia and complied with her visa conditions. It was also satisfied that she intended to comply with the conditions of the Subclass 600 visa, which included not working, not studying for more than three months, not being entitled to a substantive visa while remaining in Australia, and not remaining in Australia after the end of her permitted stay. The Tribunal was convinced by the evidence of the applicant's strong family ties in China, her husband's financial capacity to support her, and the review applicant's testimony regarding their awareness of visa compliance consequences.

Consequently, the Tribunal was satisfied that the visa applicant genuinely intended to remain temporarily in Australia for the stated purpose and had adequate means of support. The Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under clauses 600.211 and 600.212 of Schedule 2 to the Regulations.