ZHANG (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (Sponsored Family stream), made by a citizen of China. The applicant sought to visit his wife, who is an Australian permanent resident. The primary issue before the Tribunal was whether the applicant met the requirements of cl 600.211 of Schedule 2 to the Regulations, which mandates satisfaction that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal was required to consider whether the applicant had complied substantially with the conditions of any previous visas, intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. In assessing these criteria, the Tribunal considered various pieces of information and documentation provided by the applicant and his representative, including evidence of employment, property ownership, and substantial financial assets. The applicant's stated purpose for the visit was to spend time with his wife in South Australia.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. While the Tribunal expressed satisfaction that the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, and therefore met the requirements of cl 600.211, the decision was to remit the application for reconsideration. The Tribunal directed that the visa applicant met the specified criteria for the visa.