Tran (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, in the Sponsored Family stream. The applicant sought to visit family in Australia. The Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as stipulated by clause 600.211 of the Migration Regulations 1994.

To assess this, the Tribunal considered whether the applicant had substantially complied with the conditions of any previous substantive or bridging visas, and whether the applicant intended to comply with the conditions of the Subclass 600 visa. The Tribunal also considered any other relevant matters. The applicant had no prior travel to Australia, but the sponsor, who was an Australian citizen, had a history of compliance with visa conditions. The applicant’s intention to comply with the conditions of the Subclass 600 visa, specifically not to work in Australia (condition 8101) and not to engage in study or training for more than three months (condition 8201), was also examined.

The Tribunal found that the applicant intended to visit Australia for a maximum of two weeks. Evidence presented, including confirmation of stable, full-time employment with annual leave granted for the visit, and adequate personal savings for a short stay, supported this intention. The Tribunal was satisfied that the applicant would not work in Australia and would not engage in study or training for more than three months, thus intending to comply with conditions 8101 and 8201. Consequently, the Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia for the purpose of visiting family and that the requirements of clause 600.211 were met. The application was remitted for reconsideration with a direction that the applicant met this criterion.