The Applicant, a Thai National, applied for a Subclass 600 Visitor visa in the Tourist visa to visit her mother (the sponsor and Australian PR) and her stepfather on 13 July 2022.
On 16 September 2022, the Applicant’s Subclass 600 Tourist stream visa was refused on the basis that the delegate was not satisfied that the Applicant was a genuinely temporary entrant.
Without the need for a hearing, on 21 August 2023, the Tribunal remitted the matter for re-consideration after taking into account the following personal circumstances and family responsibilities of the Applicant. The Tribunal was satisfied that because of the following circumstances, the Applicant intends to genuinely stay in Australia temporarily to visit her mother and her stepfather.
Circumstances to Consider
Applicant’s Personal Circumstances Supporting Visitor Visa Approval
- The Applicant has been unable to visit her mother and stepfather since the global pandemic lockdown.
- The Applicant is responsible for the care of her elderly grandfather (84 years old) and her younger brother (20 years old), both of whom comprise her household in Thailand.
- The applicant has been in a committed relationship for three years. She claims that this relationship is her primary incentive to return to Thailand upon completion of her visit to Australia.
Sponsor’s Assurance and Support for Visitor Visa
- The Sponsor’s husband is a partner of a national accounting firm and a Justice of Peace, he has offered his assurance that the Applicant will comply with all her visa conditions and depart Australia before her visa expires.
- The Applicant was unemployed at the time of the visa application due to the global pandemic lockdown. She has now set up her own small online business selling baby clothes.
- The Sponsor and the Sponsor’s husband have agreed to provide all financial and material support to the Applicant during her visit to Australia.
Previous Compliance with Visitor Visa Conditions
- The Applicant has previously visited Australia in 2011, and there is no evidence of her breaching any of her visa conditions during that visit. The Applicant substantially complied with her visitor visa conditions.
For the above mentioned reasons, the Tribunal is satisfied that the Applicant is a Genuine Temporary Entrant.
For the above-mentioned reasons, the Tribunal is satisfied that the applicant is a Genuine Temporary Entrant. With such extensive evidence showing incentives to return to Thailand, it was unnecessary for the Tribunal to invite the applicant to a hearing to remit the matter and to find that the applicant satisfies the requirement of cl 600.211.
