Woldemeskel (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Visitor), Sponsored Family stream. The applicant sought to visit her son and his family in Australia. The primary issue before the Tribunal was whether the applicant met the requirements of clause 600.211 of the Migration Regulations 1994, specifically concerning her genuine temporary entrant status.

The Tribunal was required to determine if the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted. This involved assessing whether she had complied with the conditions of any previous visas (which she had not held for travel to Australia), whether she intended to comply with the conditions of the Subclass 600 visa, and considering all other relevant matters. The conditions of the visa included not working, not studying for more than three months, not being entitled to a substantive visa while in Australia, and not remaining in Australia after the permitted stay.

The Tribunal reasoned that as the applicant had no previous Australian visa history, that aspect carried no weight. However, it accepted, based on the evidence and the applicant's profile, that she intended to comply with the visa conditions. In considering other relevant matters, the Tribunal noted the applicant was a widowed, retired woman living in Ethiopia, who was a carer for several children there and a lessor of property. It also acknowledged an inconsistency regarding the number of grandchildren but did not attribute adverse weight to it. The Tribunal accepted that the applicant had many immediate family members in Ethiopia, with only one child, the review applicant, residing in Australia.

Ultimately, the Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the stated purpose and that the requirements of clause 600.211 were met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under clause 600.211.