1611411 (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa made by a 60-year-old Bangladeshi man. The dispute concerned whether the visa applicant met the requirements of clause 600.211 of the Migration Regulations 1994, which mandates satisfaction that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment involves considering substantial compliance with previous visa conditions, the intention to comply with the conditions of the proposed visa, and any other relevant matters.

The Tribunal was required to determine if the visa applicant genuinely intended to stay temporarily in Australia for the stated purpose of visiting his son, daughter-in-law, and new granddaughter, and to provide short-term support due to his daughter-in-law's illness. This purpose falls within the scope of a Tourist stream visa. The assessment specifically involved evaluating the applicant's intention to comply with the conditions of the Subclass 600 visa, including not working in Australia, not engaging in study for more than three months, not being entitled to a substantive visa while remaining in Australia, and not remaining in Australia after the end of the permitted stay.

The Tribunal reasoned that while the visa applicant had no prior Australian visa history, his circumstances, including his age, employment as a contractor with leave granted, his wife's travel with him, their farm in Bangladesh managed by their eldest son, and the assurance of his Australian permanent resident son, indicated a genuine intention to comply with the visa conditions. The Tribunal was satisfied that the applicant, given his age and the assurances provided by his son, would comply with the conditions of not working and not undertaking extended study. Consequently, the Tribunal found that the requirements of clause 600.211 were met. The Tribunal remitted the application for reconsideration with a direction that the visa applicant meets the criteria of clause 600.211.