Barukzai (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), brought before the Tribunal by the visa applicant. The central dispute revolved around whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 600.211 of the relevant regulations. The applicant's stated purpose for visiting Australia was to see her son and assist her daughter-in-law with her first baby.

The Tribunal was required to determine if the visa applicant met the criteria under clause 600.211. This involved assessing whether the applicant had substantially complied with the conditions of any previous visas held, whether she intended to comply with the conditions of the Subclass 600 visa, and considering any other relevant matters. The specific conditions of the Subclass 600 visa that were relevant included not working in Australia, not engaging in study for more than three months, not being entitled to a substantive visa (other than a protection visa) while remaining in Australia, and not remaining in Australia after the end of the permitted stay.

In reaching its decision, the Tribunal considered the applicant's strong ties to her home country of Afghanistan, including her husband, two sons and their families residing in the same building, and another son living nearby. The Tribunal also noted the applicant's daughter and her child living in Afghanistan, and her three married daughters with ten grandchildren residing overseas who regularly travelled to Afghanistan to visit. The Tribunal accepted the evidence that the applicant had resided in Australia for approximately twenty years and had returned to Afghanistan five times to visit her family, including in 2019. Based on these factors, the Tribunal was satisfied that the applicant genuinely intended to return to Afghanistan before the expiration of her visa, due to her family connections and sense of community there.

Consequently, the Tribunal found that the visa applicant met the requirements of clause 600.211. The Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the visa applicant meets the specified criteria.