Tran (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor), in the Sponsored Family stream, which was refused by the Department of Home Affairs. The applicant sought review of this decision before the Tribunal. The primary issue was whether the applicant met the criteria under cl 600.211 of the Migration Regulations 1994, specifically whether she genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted.

The Tribunal was required to determine if the applicant had complied substantially with the conditions of her last substantive visa or any subsequent bridging visa, and whether she intended to comply with the conditions of the Subclass 600 visa, including not working, not studying for more than three months, not remaining in Australia to obtain a substantive visa other than a protection visa, and departing Australia before her permitted stay ended. The Tribunal also had to consider any other relevant matters.

The delegate's refusal was based on a lack of satisfaction that the applicant had sufficient ties to Vietnam to demonstrate an incentive to depart Australia, despite the presence of family members there and her employment. The delegate was not satisfied that these factors sufficiently demonstrated a genuine intention to visit temporarily or that she would comply with visa conditions. However, the Tribunal noted the applicant's submissions that she had a young child in Vietnam, familial obligations, and uncertainty about living in Australia due to a language barrier. The review applicant, an Australian citizen and sponsor, provided evidence of his long-term residency, professional standing, financial capacity, and acknowledged parentage of the applicant's child, stating he would take responsibility for her compliance and ensure her return to Vietnam. The Tribunal concluded that the matter should be remitted for reconsideration.