Zhao (Migration)

This matter concerned an appeal by a visa applicant against a decision to refuse her application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (Sponsored Family stream). The primary issue before the Tribunal was whether the applicant was a genuine temporary entrant, as required by clause 600.211 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted. This involved assessing whether the applicant had complied with the conditions of her previous visas, intended to comply with the conditions of the Subclass 600 visa, and considering any other relevant matters. A key aspect of this assessment was the genuineness of the applicant's marriage to her sponsor, given the significant age difference between them.

The Tribunal found the visa applicant's evidence to be reasonably forthcoming and persuasive regarding the genuineness of her marriage. While acknowledging the absence of overt displays of deep love, the Tribunal accepted that at their mature ages, the relationship met their respective needs for companionship and support. Consequently, for the purposes of the review, the Tribunal accepted the marriage as genuine. The Tribunal was satisfied that the 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 criteria for the Subclass 600 visa, specifically clause 600.211.