Al Kantar (Migration)

The Administrative Appeals Tribunal considered an application for Visitor (Class FA) visas, Subclass 600 (Visitor), in the sponsored family stream. The applicants, parents of the review applicant, sought to visit their children and grandchildren in Australia. The central dispute revolved around whether the applicants genuinely intended to stay temporarily in Australia for the stated purpose, as required by clause 600.211 of the Migration Regulations.

The Tribunal was required to determine if the applicants met the criteria under clause 600.211, which involves assessing whether they genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted. This assessment necessitated considering their compliance with the conditions of their last substantive visa, their intention to comply with the conditions of the proposed Subclass 600 visa, and any other relevant matters. The Tribunal also had to consider the specific conditions of the visa, including not working in Australia, not studying 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 their permitted stay.

In its reasoning, the Tribunal noted the applicants' previous compliant travel to Australia on two occasions and to Saudi Arabia for pilgrimage. It also considered the applicants' circumstances in their home country, including their residence with a son and his family, their daughter living nearby, and their self-employment as a taxi driver with land and a garden. The Tribunal acknowledged that four of their sons reside in Australia. Despite the presence of family in Australia, the Tribunal concluded that the applicants genuinely intended to stay temporarily for the purpose of visiting their children and grandchildren.

Ultimately, the Tribunal found that the requirements of clause 600.211 were met. However, the decision text indicates that the matter was remitted for reconsideration, with a direction that the visa applicants meet the specified criteria for a Subclass 600 (Visitor) visa.