TANG (Migration)

This matter concerned an appeal by a visa applicant against a decision regarding a Visitor (Class FA) visa, Subclass 600. The primary issue before the Tribunal was whether the visa applicant met the requirements of clause 600.211 of the Migration Regulations 1994, which mandates that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment involves considering the applicant's compliance with previous visa conditions, their intention to comply with the conditions of the proposed visa, and any other relevant matters.

The Tribunal was required to determine if the applicant genuinely intended to visit her daughter, who is a permanent resident of Australia, and then depart. This involved examining her past compliance with visa conditions, specifically a previous Visitor visa where she had complied with all conditions. The Tribunal also considered the applicant's intention to abide by the conditions of the Subclass 600 visa, such as not working or studying for more than three months, and not remaining in Australia beyond her permitted stay.

In its reasoning, the Tribunal noted that the applicant had previously complied with her visa conditions. It also considered that the applicant had applied for a Parent visa, a fact not mentioned in the delegate's decision. The Tribunal acknowledged concerns raised by the delegate regarding the applicant's lack of visible means of support in Vietnam and her absence of a regular income. However, it also took into account that the applicant had since remarried and that her husband had a business and savings, which provided some financial capacity for her travel. The Tribunal concluded that these factors, when considered together, satisfied the genuine temporary entrant requirement.

Consequently, the Tribunal found that the visa applicant met the criteria under clause 600.211. The Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, directing that the applicant satisfied this specific criterion.