Zheng (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (tourist stream), brought before the Administrative Appeals Tribunal. The applicant sought to visit his daughter, an Australian citizen, and his wife, a permanent resident, in Australia. The central dispute revolved around whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, and whether he would comply with visa conditions.

The Tribunal was required to determine if the applicant met the criteria under cl 600.211 of Schedule 2 to the Regulations. This involved assessing whether the applicant genuinely intended to stay temporarily in Australia for the granted visa purpose, considering his past compliance with visa conditions, his intention to comply with future visa conditions, and any other relevant matters. The applicant's stated purpose for visiting was to support his wife, who had undergone surgery in China for breast cancer and planned to return to Australia for further treatment and recovery, living with their daughter.

The Tribunal reasoned that the applicant's intention to accompany his wife, support her return to Australia, visit the country, and then return to China was consistent with the purpose of a tourist stream visa, which allows for visits to specified family members. The Tribunal noted that the applicant was aware of permanent migration options and acknowledged the time and cost involved, suggesting he preferred to visit first before considering permanent residency. The Tribunal found that the applicant's circumstances, including his wife's medical condition and his desire to support her, did not preclude a genuine temporary stay.

Consequently, the Tribunal was satisfied that the 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 application for the Visitor (Class FA) visa was remitted for reconsideration with the direction that the applicant met this criterion.