Shi (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (Sponsored Family stream), brought by Ms Wang, who sought to visit her daughter, Ms Shi, in Australia for up to three months. The primary issue before the Tribunal was whether Ms Wang met the requirements of clause 600.211 of the Migration Regulations 1994, which mandates satisfaction that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal was required to consider several factors in determining whether Ms Wang met the genuine temporary entrant requirement. These included whether she had complied substantially with the conditions of her last substantive visa, whether she intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. Ms Wang and her husband were awaiting the outcome of their Parent visa applications, a process that was subject to long queues and annual quotas. Ms Wang's husband intended to remain in China. The Tribunal also considered Ms Wang's financial and property holdings in China as potential incentives for her return.

In its reasoning, the Tribunal gave greater weight than the original delegate to the fact that Ms Wang's husband would remain in China, viewing this as a significant incentive for her return. The Tribunal also afforded more weight to evidence of Ms Wang's previous travel to Japan, where she had returned to China within the visa validity period. Having considered these factors, and the applicant's stated intention to comply with visa conditions such as not working or studying for more than three months, and not remaining in Australia beyond her permitted stay, the Tribunal was satisfied that Ms Wang genuinely intended to stay temporarily in Australia for the purpose of her visit.

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