Alam (Migration)

This matter concerned an appeal by a Bangladeshi citizen against a decision affirming the refusal of a Subclass 600 (Visitor) visa. The applicant sought to remain in Australia to work, pursue other visa options, and re-establish a relationship with his son, from whom he had been separated since 2021 following the breakdown of his marriage and domestic violence charges. The applicant acknowledged he did not genuinely intend to remain in Australia as a visitor.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 600.211 of the Migration Regulations 1994. This clause mandates that the Tribunal be satisfied the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment requires consideration of whether the applicant complied with the conditions of their last substantive visa, their intention to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal found that while there was no evidence of non-compliance with the conditions of the applicant's last substantive visa or any subsequent bridging visas, the applicant's stated intentions were not consistent with the purpose of a visitor visa. Specifically, the applicant admitted an intention to work and remain in Australia, which contravened conditions such as 8101 (must not work in Australia) and 8201 (must not engage in study or training for more than 3 months). Furthermore, the applicant's stated purposes for seeking the visa were not permissible under the Tourist stream of the Subclass 600 visa. The Tribunal concluded that, based on the applicant's admissions and stated intentions, the requirements of clause 600.211 were not met.

The Tribunal affirmed the decision under review. The applicant had also requested that the case be referred to the Minister for consideration under section 351 of the Migration Act 1958, outlining exceptional and compassionate circumstances, including his estranged relationship with his son and difficulties in pursuing skilled migration pathways.