Assaad (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by Ms Assaad. The dispute concerned whether Ms Assaad genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 600.211 of the Migration Regulations 1994.

The Tribunal was required to determine if Ms Assaad met the criteria under clause 600.211, which involves assessing her past visa compliance, her intention to comply with future visa conditions, and any other relevant matters. Specifically, the Tribunal had to consider whether her proposed activities in Australia, such as caring for her grandchildren, could be construed as "work" under the regulations, which would breach visa condition 8101. The Tribunal also had to weigh the strength of her ties to her home country, Lebanon, against factors that might encourage her to remain in Australia, such as the security situation and the presence of family.

The Tribunal reasoned that Ms Assaad had a history of complying with previous visitor visa conditions, having visited Australia five times without apparent breaches. While initially concerned that providing childcare might constitute "work" under regulation 1.03, the Tribunal accepted Ms Assaad's assurance that her intention was a visit rather than undertaking paid or unpaid labour that would breach condition 8101. The Tribunal also considered her stated purpose of visiting her children and grandchildren, and her ties to Lebanon, including family and property.

Ultimately, the Tribunal was satisfied that Ms Assaad genuinely intended to stay temporarily in Australia for the purpose of her visit and that the requirements of clause 600.211 were met. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that Ms Assaad met the criteria under clause 600.211.