2205136 (Migration)

This matter concerned a review of five decisions to refuse Visitor (Class FA) visas, subclass 600, for applicants from Pakistan. The review applicants, who were offshore in Pakistan, provided evidence via Teams Audio. The Tribunal considered the applications together due to their similarities. The primary dispute revolved around whether the visa applicants genuinely intended to stay temporarily in Australia, as required by the visa conditions.

The legal issues before the Tribunal were whether the five visa applicants met the criteria for a genuine temporary entrant, specifically whether they intended to stay temporarily in Australia for the purpose for which the visa was granted. This required the Tribunal to assess the credibility of the evidence presented by the review applicants and to consider relevant country information regarding the safety and security situation in Pakistan, particularly for individuals of Hazara ethnicity residing in Quetta.

The Tribunal's reasoning focused on the information obtained from the Department of Foreign Affairs and Trade (DFAT) country information report and the Australian Government's Smart Traveller website. This information indicated significant security concerns in Quetta and Pakistan generally, with a particular risk to individuals of Hazara ethnicity due to militant groups considering them "infidels" and targeting them. The Tribunal noted that despite being invited to comment on this country information, the review applicants failed to provide any responses by the stipulated deadline. Consequently, the Tribunal was not satisfied that the applicants genuinely intended to stay temporarily in Australia and found that the requirements of clause 600.211 of the Migration Regulations 1994 were not met.

The Tribunal affirmed the five decisions not to grant the Visitor (Class FA) visas.