YALCIN (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), made by a Turkish national. The review applicant, the visa applicant's mother and an Australian citizen, sought review of the decision to refuse the visa. The primary dispute concerned whether the visa applicant genuinely intended to stay temporarily in Australia.

The Tribunal was required to determine if the visa applicant met the criteria under clause 600.211 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, considering her past compliance with visa conditions, her intention to comply with the conditions of the proposed visa, and any other relevant matters. The purpose of the visa was to visit a family member, which falls within the scope of the Tourist stream.

The Tribunal reasoned that the visa applicant had substantial ties to Turkey, including a de facto partner of five years with whom she shared a life and academic career aspirations, and other family members. She was also nearing completion of her Master's degree and considering further doctoral studies, potentially abroad with her partner. The Tribunal found that the visa applicant had no intention to work or study in Australia, given her financial support from her partner and her current academic commitments. Her previous visa cancellation was due to personal circumstances rather than a failure to comply with visa conditions. The Tribunal was satisfied that the visa applicant would comply with the conditions of the Subclass 600 visa, specifically those prohibiting work and limiting study.

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