Soth (Migration)

This matter concerned applications for Visitor (Class FA) visas, Subclass 600, in the Sponsored Family stream. The applicants sought to visit relatives and engage in tourist activities in Australia. The primary issue before the Tribunal was whether the applicants met the requirements of clause 600.211 of the Regulations, which mandates that the Tribunal be satisfied that the visa applicants genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted. This assessment required consideration of whether the applicants had substantially complied with the conditions of their last substantive visa or any subsequent bridging visa, whether they intended to comply with the conditions of the subclass 600 visa, and any other relevant matters.

The Tribunal was required to determine the genuine temporary entrant status of two applicants, a 45-year-old brother and his 49-year-old wife, who were seeking to visit their sister in Australia. The first applicant had previously had a tourist visa application rejected in 2015, although neither applicant had travelled overseas before. The Tribunal considered the family ties in Cambodia, including the applicants' five children, and the fact that other family members had successfully travelled to Australia. The Tribunal also had regard to the fact that the sister sponsoring the applicants was an Australian citizen who had previously held a visitor visa and later obtained a partner visa and permanent residency.

In its reasoning, the Tribunal found that the first applicant met the criteria for the visa, indicating a genuine intention to stay temporarily. However, the Tribunal was not satisfied that the second applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, thus finding that clause 600.211 was not met in her case. Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant met the relevant criteria, while affirming the decision not to grant the visa to the second applicant.