2205834 (Migration)

The Administrative Appeals Tribunal reviewed decisions to refuse five Visitor (Class FA) visas to applicants from Pakistan. The review applicants, who were offshore in Pakistan at the time of the hearings, provided evidence via Teams Audio. The primary dispute concerned whether the visa applicants genuinely intended to stay temporarily in Australia, as required by the criteria for a Subclass 600 (Visitor) visa.

The Tribunal was required to determine if the evidence presented satisfied the genuine temporary entrant requirement, specifically considering the applicants' circumstances in Pakistan and the country information relating to security concerns. A key legal issue was how to assess the applicants' intentions in light of significant security risks in Quetta, Pakistan, particularly for individuals of Hazara ethnicity, and whether the applicants had provided sufficient responses to this information.

The Tribunal considered evidence regarding the applicants' family ties in Australia, including one review applicant who had been living in Australia for fifteen years and was a citizen. It also considered information about the father's business interests in Quetta, though documentary evidence was lacking. Crucially, the Tribunal put to the review applicants information from the DFAT Country Information Report and the Australian Government's Smart Traveller website concerning the severe security situation in Pakistan, especially for Hazara individuals in Quetta. This information suggested strong incentives for individuals of Hazara ethnicity to fear for their safety and thus have reasons not to return to Pakistan. The review applicants were given an opportunity to comment on this information but failed to do so by the deadline. Consequently, the Tribunal was not satisfied that the visa applicants genuinely intended to stay temporarily in Australia.

The Tribunal affirmed the five decisions not to grant the Visitor (Class FA) visas, finding that the requirements of clause 600.211 were not met for each applicant.