AL-JUBOORI (Migration)

This matter concerned an appeal by a visa applicant against the refusal of a Visitor (Class FA) visa, subclass 600. The visa applicant, who is a medical professional in Iraq, sought to visit Australia for approximately three months to attend a 10-week clinical bridging course at the Australian Medical Review Centre and to visit his brother, who is an Australian citizen. The primary concern of the original decision-maker was that the visa applicant might not return to Iraq upon the expiry of his visa, particularly given the political and economic situation there.

The court was required to determine whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by clause 600.211 of the Migration Regulations. This involved assessing whether the applicant had complied with the conditions of any previous visas (which was not applicable here as he had not visited Australia before), whether he intended to comply with the conditions of the proposed Subclass 600 visa, and considering any other relevant matters. The conditions of the visa included not working in Australia, not engaging in study or training for more than three months, not being entitled to a substantive visa while remaining in Australia (other than a protection visa), and not remaining in Australia after the end of the permitted stay.

The Tribunal found that the visa applicant's stated intentions were generally forthright and convincing. It noted that the applicant had sufficient funds for his travel and expenses, would be accommodated by his brother, and had ongoing employment in Iraq, all of which provided incentives to return. The Tribunal also considered the applicant's longer-term plan to migrate to Australia on skills grounds, which required him to return to Iraq and then potentially re-enter Australia for an examination. The applicant expressed a clear understanding of the consequences of breaching visa conditions, both for himself and for his sponsoring brother, and stated he had no intention of seeking protection in Australia.

Consequently, the Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia and would comply with the conditions of the visa, including condition 8531 requiring him to depart Australia before his permitted stay expired. The Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant met the requirements of clause 600.211.