Tomlinson (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse a Visitor (Class FA) visa, Subclass 600 (Tourist stream), to the applicant. The applicant sought to visit her husband in Australia. The primary decision-maker had refused the visa, and the applicant sought review of this refusal.

The Tribunal was required to determine whether the applicant met the criteria under clause 600.211 and clause 600.212 of the Migration Regulations 1994. Specifically, the Tribunal had to be satisfied that the applicant genuinely intended to stay temporarily in Australia for the purpose of visiting her husband, and that she had or had access to adequate means to support herself during her intended stay.

In relation to clause 600.211, the Tribunal considered whether the applicant had complied with the conditions of any previous visas and whether she intended to comply with the conditions of the Subclass 600 visa, which included not working or undertaking study for more than three months. The Tribunal found no evidence of non-compliance with previous visa conditions and accepted the applicant's stated intention to visit her husband for three months without working or studying. The Tribunal also considered other relevant matters.

The Tribunal concluded that the matter should be remitted for reconsideration. While the Tribunal was satisfied regarding the applicant's intention to visit her husband and comply with visa conditions, the provided text does not detail the Tribunal's findings or reasoning concerning clause 600.212 (adequate means of support) or the final orders made.