Al Haj (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the primary issue was whether the applicant genuinely intended to stay temporarily in Australia. The applicant sought to visit their older sister and her family in Australia. The decision under review was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant met the criteria under cl.600.211 of the Migration Regulations 1994. This involved assessing whether the applicant had substantially complied with the conditions of any previous substantive or bridging visas, whether the applicant intended to comply with the conditions of the Subclass 600 visa if granted, and considering any other relevant matters. The Tribunal also considered the purpose of the visit, which fell within the Sponsored Family stream of the Subclass 600 visa.

The Tribunal noted that the applicant had not previously travelled to Australia, so no findings could be made regarding past compliance with Australian immigration conditions. However, the Tribunal gave positive weight to the fact that the applicant's parents had previously visited Australia and complied with their visa conditions, including departing Australia before their visas expired. The Tribunal also considered the applicant's intention to comply with the conditions of the Subclass 600 visa, such as not working or studying for more than three months, and not remaining in Australia after the permitted stay. The review applicant stated that the visa applicant would comply with all conditions and offered to provide a security bond if required.

Despite the Tribunal's satisfaction that the applicant genuinely intended to stay temporarily and met the criteria of cl.600.211, the final decision was to remit the application for reconsideration. The Tribunal directed that the applicant met the specified criteria for the Subclass 600 visa.