Tran (Migration)

This matter concerned an application for merits review of a delegate's decision to refuse a Visitor (Class FA) visa, Subclass 600 (Tourist stream), to a male citizen of Vietnam. The review applicant, who is the visa applicant's sister and an Australian citizen, sought review of the delegate's decision. The delegate had found that the visa applicant did not satisfy clause 600.211 of the Migration Regulations 1994, which requires an applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted.

The primary legal issue before the Tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia, having regard to whether he had complied substantially with the conditions of any previous visas, whether he intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The applicable conditions for the visa were that the applicant must not work in Australia and must not engage in study or training in Australia for more than three months.

The Tribunal considered various factors in assessing the visa applicant's genuine temporary entrant status. These included his travel history, which indicated he had not travelled outside Vietnam since lodging his application, his business and property interests in Vietnam, and his family members and girlfriend residing in Vietnam. The Tribunal also noted that the visa applicant's father had been granted a visitor visa to Australia, although he had not yet travelled. The Tribunal found that the visa applicant satisfied clause 600.211.

Consequently, the Tribunal set aside the delegate's decision to refuse the visa and remitted the application back to the delegate for reconsideration, with a direction that the visa applicant satisfies clause 600.211.