Taussik (Migration)

This matter concerned an application for a Visitor (Class FA) visa by an applicant who was a retired United Kingdom citizen. The applicant sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which had refused her application. The core of the dispute revolved around whether the applicant intended to stay temporarily in Australia, a key criterion for the visa.

The AAT was required to determine whether the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months. If so, it then needed to consider whether exceptional circumstances justified the grant of the visa, whether the applicant had substantially complied with the conditions of her last substantive visa or any subsequent bridging visa, and whether she intended to comply with the conditions of the visa being sought. The AAT also had to consider any other relevant matters.

The applicant, aged 71 at the time of the hearing, presented evidence that she had sufficient assets and income in the United Kingdom to support herself and wished to return home. However, she expressed a fear of flying due to COVID-19 and was undergoing significant eye treatment in Australia, which complicated her ability to travel. She also indicated a misunderstanding of visa conditions, leading to her extended stay. The Tribunal found that the applicant met the criteria under cl.600.211 and cl.600.215 of Schedule 2 to the Regulations.

The Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, directing that the applicant met the specified criteria for the visa.