Zhao (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa by Yan Zhao and her family, who sought to visit her brother, Kun Zhao. The primary dispute concerned whether the visa applicants genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

The Tribunal was required to determine if the visa applicants met the requirements of clause 600.211 of the Migration Regulations 1994, which pertains to the genuineness of the applicant's intention to stay temporarily. This involved assessing the credibility of the evidence presented, including financial documents and statements made by the applicants and the review applicant.

The Tribunal found that the visa applicants had been given a fair opportunity to present their case. However, after considering the evidence, including concerns raised about the authenticity of savings documents and the stated intentions of the applicants, the Tribunal was not satisfied that the visa applicants genuinely intended to stay temporarily in Australia. The Tribunal noted that the review applicant stated he would support his sister's family, and that their parents in China could also offer support, suggesting a potential lack of independent financial means for the visit.

Consequently, the Tribunal affirmed the decision not to grant the Visitor (Class FA) visa to Yan Zhao and her family.