Zhang (Migration)

This matter concerned an application for a Subclass 600 Visitor visa by a minor applicant. The applicant had been in Australia continuously since 16 January 2020, and the current application sought a further stay until 15 April 2021, which would result in a total consecutive period of more than 12 months in Australia. The applicant cited the COVID-19 pandemic and his inability to return to China as the reason for the extended stay. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether clause 600.215 of the Migration Regulations 1994 was satisfied. This clause requires the Tribunal to be satisfied that exceptional circumstances exist for the grant of the visa if the grant would result in the applicant being authorised to remain in Australia for a total period of more than 12 consecutive months as the holder of certain visa types, including Visitor visas and bridging visas. Additionally, the Tribunal considered clause 600.211, which requires the applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal had regard to policy guidelines concerning exceptional circumstances for visitor visas, which may include situations such as the death or serious illness of a close family member in Australia requiring the applicant's assistance, or a significant change in circumstances beyond the applicant's control that would cause significant hardship if a visa were not granted. The Tribunal found that the applicant had not demonstrated that he would comply with the conditions of a Subclass 600 Visitor visa, nor was it satisfied that he genuinely intended to stay temporarily in Australia or that his mother and/or stepfather would ensure his compliance. Consequently, the Tribunal concluded that the requirements of clause 600.215 were not met.

The Tribunal affirmed the decision not to grant the applicant a Subclass 600 Visitor visa.