Yassa (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), by an 81-year-old Egyptian citizen. The applicant sought to extend his stay in Australia beyond 12 consecutive months, having arrived in December 2016 and applied for a further 12-month period in December 2017. His stated reason for the extended stay was to be with his two Australian citizen daughters, who were his last remaining family members. The review was conducted by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 600.215 of the Migration Regulations 1994. This clause requires that "exceptional circumstances" exist for the grant of a visa if the grant would result in the applicant being authorised to stay in Australia for a total period of more than 12 consecutive months under certain visa types, including the Visitor visa. The Tribunal was required to determine if the applicant's circumstances met this threshold.

The Tribunal considered that while the applicant's daughters were Australian citizens and his only family, and that his health had deteriorated during the review period, including a fall resulting in fractures and hospitalisation, these circumstances did not constitute "exceptional circumstances" as contemplated by clause 600.215. The applicant had previously used carers in Egypt, and the Tribunal found that his need for medical attention and care from his daughters did not rise to the level of exceptionality required to override the general prohibition on stays exceeding 12 consecutive months. The Tribunal affirmed the decision not to grant the visa.