TRAN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, subclass 600, sponsored family stream. The applicants sought to challenge the decision to refuse their visa applications.

The primary legal issues before the Tribunal were whether the applicants had provided sufficient evidence to satisfy the requirements of the visa, particularly concerning their incentives to remain in or return to their home country, and whether the Tribunal should consider new information provided by the review applicant. The Tribunal also had to consider the impact of COVID-19 travel restrictions on the applicants' parents' ability to return home and the implications for the second applicant's intention to apply for a visa for their newborn child.

The Tribunal acknowledged that while the initial application lacked comprehensive evidence of employment and income, and listed no family members in the home country, subsequent information provided by the review applicant, including details of previous compliant travel by other family members, was relevant. The Tribunal found that the delay of the first applicant and review applicant's parents in Australia due to COVID-19 travel restrictions was a significant factor. Considering these circumstances, the Tribunal decided to remit the decision for the first applicant for reconsideration, allowing for further assessment of their circumstances. However, the decision was affirmed for the second applicant.