Al Kurdi (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, sponsored family stream. The applicant sought to visit his brother in Australia. 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 granted, as required by clause 600.211 of the Migration Regulations.

The Tribunal was required to assess whether the applicant had complied with the conditions of any previous visas held and whether he intended to comply with the conditions of the proposed Subclass 600 visa. The conditions relevant to this 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 the permitted stay. The Tribunal also had to consider any other relevant matters, including the applicant's ties to his home country and his family's immigration history.

The Tribunal noted that the applicant had not previously held an Australian visa, so the criterion regarding compliance with previous visa conditions was not applicable. The Tribunal accepted the review applicant's explanation that a family member's previous immigration history, involving a change of status after arrival on a visitor visa, was due to special circumstances not applicable to the current applicant. The Tribunal was satisfied that the applicant intended to comply with the visa conditions and that he had strong ties to Lebanon, where he was well-settled and employed as an electrician. The Tribunal also considered the proposed duration of the visit, which had been clarified from three months to four weeks due to work commitments.

Ultimately, the Tribunal found that the applicant genuinely intended to stay temporarily in Australia for the purpose of the visa and that there was very little likelihood of him remaining in Australia after the expiry of his authorised stay. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the applicant met the criteria under clause 600.211.