Abrar (Migration)

This matter concerned an appeal by a visa applicant against a decision to refuse a Visitor (Class FA) visa, Subclass 600 (Visitor) (tourist stream). The primary issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 600.211 of the Migration Regulations 1994.

The Tribunal was required to consider whether the applicant had complied with the conditions of their last substantive visa, intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The delegate's decision had refused the visa on the grounds that the applicant did not genuinely intend to stay temporarily, taking into account family in Pakistan and Australia. The applicant provided evidence including a statement from their daughter in Australia, confirming the applicant was semi-retired, assisting in a family business in Pakistan, and that a disabled daughter in Pakistan required parental care. The applicant's wife also held a visitor visa for Australia.

The Tribunal found that there was no evidence of previous breaches of visa conditions by the applicant. Considering the applicant's personal circumstances, including family responsibilities in Pakistan and their wife's presence in Australia on a visitor visa, the Tribunal concluded that the applicant genuinely intended to stay temporarily in Australia. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under clause 600.211.