1614006 (Migration)

This matter concerned applications for Visitor (Class FA) visas, Subclass 600, made by Mr Junidi and Ms Badran. The core dispute revolved around whether the applicants met the requirements of clause 600.211 of the Migration Regulations 1994, which pertains to the genuine temporary entrant criterion. The Tribunal was tasked with determining if the applicants genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

The legal issues before the Tribunal were whether the applicants had complied substantially with the conditions of any previous substantive or bridging visas, whether they intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The conditions of the Subclass 600 visa relevant to this case included not working in Australia, not engaging in study or training for more than three months, not being entitled to a substantive visa while remaining in Australia, and not remaining in Australia beyond the permitted stay. The Tribunal also had to consider the applicants' family ties to Syria, the impact of the war on their circumstances, and any incentives for them to return to their home country.

The Tribunal found the witnesses to be credible and accepted their evidence, including that Mr Junidi and Ms Badran had not previously travelled outside Syria and had not held Australian visas before. Despite acknowledging the grave situation in Syria and the displacement of millions of its citizens, the Tribunal was satisfied that the applicants had strong ties to Syria, including sons and other family members, and property interests. These ties, coupled with their stated intention to care for Mr Junidi's mother and the impending arrival of their grandchild in Australia, were considered by the Tribunal to provide an incentive to return to Syria that outweighed any incentive to remain in Australia. The Tribunal also noted the applicants' move to Tartus and acquisition of property there, despite their registered address being in Homs.

Consequently, the Tribunal was satisfied that Mr Junidi and Ms Badran genuinely intended to stay temporarily in Australia for the purpose of visiting relatives and would comply with the visa conditions. The Tribunal remitted the applications for reconsideration with a direction that the applicants met the criteria under clause 600.211.