Ali (Migration)

The Administrative Appeals Tribunal considered the applications of the visa applicants, who sought Visitor (Class FA) visas to visit their husband and father, respectively, in Australia. The primary issue before the Tribunal was whether the visa applicants met the requirements of clause 600.211 of Schedule 2 to the Migration Regulations 1994, which pertains to the genuine intention to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal was required to determine if the visa applicants genuinely intended to stay temporarily in Australia, having regard to their compliance with the conditions of any previous substantive or bridging visas, and their intention to comply with the conditions of the proposed Subclass 600 visa. The Tribunal also considered any other relevant matters. The stated purpose for the visit was to spend time and provide care to Wajid, who had a prognosis of less than three months.

In its reasoning, the Tribunal noted that neither visa applicant had previously travelled to Australia or from Pakistan, meaning there was no evidence upon which to make findings regarding their past compliance with immigration conditions. However, the Tribunal found no evidence to suggest that the visa applicants intended to breach the conditions of the Subclass 600 visa, which 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 observed that the first-named visa applicant declared she was not employed in Pakistan but rather undertook home duties.

Consequently, the Tribunal remitted the applications for Visitor (Class FA) visas for reconsideration, directing that the visa applicants meet the criteria of clause 600.211 of Schedule 2 to the Regulations. The Tribunal also noted that the written submissions addressed other criteria for the visa grant and requested that the Department of Home Affairs expedite the case given the review applicant's prognosis.