Bajwa (Migration)

The review applicant sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of Visitor (Class FA) visas (Subclass 600) to the visa applicants. The central issue was whether the visa applicants met the requirements of clause 600.211 of the Migration Regulations 1994, which mandates that the Tribunal be satisfied the applicants genuinely intend to stay temporarily in Australia for the purpose for which the visas are granted. The applicants sought the visas for family visits and sightseeing.

The Tribunal was required to consider whether the applicants intended to comply with visa conditions, including not working, not studying for more than three months, not being entitled to a substantive visa while in Australia (other than a protection visa), and not remaining in Australia after their permitted stay. In assessing the genuineness of their temporary stay, the Tribunal considered various factors, including the applicants' family ties and economic interests in Pakistan, their travel history to Europe, and the offer of a security bond.

The Tribunal acknowledged factors supporting the applicants' claim of a temporary visit, such as significant family and friends in Pakistan, substantial economic ties including property and income, and previous travel to Europe. However, it also noted that the applicants' parents, who are both Ahmadis and reside in Pakistan, had previously travelled to Germany and Luxembourg and returned to Pakistan before their visas expired, indicating no intention to seek asylum. The Tribunal found that despite these ties and their comfortable lifestyle in Pakistan, the applicants had not demonstrated a genuine intention to stay temporarily in Australia.

Consequently, the Tribunal was not satisfied that the visa applicants genuinely intended to stay temporarily in Australia for the stated purposes, and therefore found that the requirements of clause 600.211 were not met. The Tribunal affirmed the decisions not to grant the visa applicants the Visitor (Class FA) visas.