The Applicant wished to apply for a subclass 600 Visitor Visa in the tourist stream. The Applicant had already lodged an application for a 309 Offshore Partner visa. She wished to apply for a visitor visa in order to visit her spouse while the partner visa application was being assessed.

Immigration Solutions Lawyers (‘ISL’) submitted that there was no reason why the Applicant would not abide by the conditions of her visitor’s visa, namely the condition that she must depart Australia by the tourist visa expiry date. ISL indicated that due to the fact that the Applicant had lodged a 309 visa application and the visa application could not be decided while the Applicant was onshore, it was in her best interests to abide by the visa condition and return to her home country located in central Europe. ISL submitted that the Applicant was therefore not at risk of overstaying her tourist visa or not abiding by any other visa conditions.

ISL succeeded in demonstrating that the Applicant had a strong incentive to leave Australia before the expiry date of the tourist visa, and subsequently the tourist visa was granted to the Applicant.