Ajiz (Migration)

The Administrative Appeals Tribunal considered a Visitor (Class FA) visa application, subclass 600 (Sponsored Family stream), made by a visa applicant wishing to visit her Australian citizen sister. The core dispute before the Tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

The Tribunal was required to determine if the visa applicant met the requirements of clause 600.211 of the Migration Regulations 1994. This involved assessing whether the applicant had complied with the conditions of her last substantive visa, whether she intended to comply with the conditions of the proposed Subclass 600 visa, and considering any other relevant matters. The specific conditions of the proposed visa included 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 her permitted stay.

The Tribunal acknowledged the visa applicant's compliance with the conditions of her previous student visa and her intention to comply with the conditions of the Subclass 600 visa. It also accepted evidence regarding her financial resources, employment in Pakistan, and the financial support available from her family. However, the Tribunal found that the evidence presented, including inconsistencies and the credibility of the applicants, did not satisfy it that the visa applicant genuinely intended to stay temporarily in Australia.

Consequently, the Tribunal concluded that the requirements of clause 600.211 were not met and affirmed the decision to refuse the visa applicant a Visitor (Class FA) visa.