Zhao (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600 (Tourist stream), made by a 56-year-old national of China. The applicant, who was recently retired and divorced, sought to visit her son, an Australian Permanent Resident, and his family for up to three months to spend time with them and assist with the care of their young children. The applicant claimed to have sufficient funds and assets to support herself during the visit, although her son indicated he would provide financial support and accommodation.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 600.211 of the Migration Regulations 1994. This assessment involved considering whether the applicant had substantially complied with the conditions of any previous visas, whether she intended to comply with the conditions of the proposed visa, and any other relevant matters. The Tribunal was required to be satisfied on these points to grant the visa.

In its reasoning, the Tribunal acknowledged the applicant's visa history, noting a previous visa cancellation and a refused application, and assigned some adverse weight to this. However, it also considered the applicant's stated intention to visit her son and grandchildren, her financial capacity, and the fact that she would be staying with her son for the duration of her visit. The Tribunal was satisfied that the applicant had sufficient funds and assets and intended to comply with visa conditions such as not working or studying for more than three months, and departing Australia at the end of her permitted stay.

Ultimately, the Tribunal found that the applicant met the criteria under clause 600.211. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the applicant satisfied the requirements of clause 600.211.