Bou Merhi (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, by Mr Charbel Bou Merhy, a national of Lebanon. The visa applicant sought to travel to Australia for up to three months to visit his sister, who is an Australian citizen, and his two brothers and their families who also reside in Australia. The decision under review was made by the Tribunal, presided over by Member Moira Brophy.

The central legal issue before the Tribunal was whether the visa applicant met the requirements of clause 600.211 of the Migration Regulations 1994. This clause mandates that the Tribunal be satisfied that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment required consideration of whether the applicant had complied with the conditions of any previous visas, whether he intended to comply with the conditions of the proposed subclass 600 visa, and any other relevant matters. The specific conditions of the subclass 600 visa included not working in Australia, not engaging in study or training 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's reasoning focused on the applicant's stated intention to visit family and the potential incentives for him to remain in Australia. While the applicant stated a desire to visit for up to three months, he also indicated he would stay for as long as the visa permitted. The Tribunal noted that the applicant had been employed as an assistant tiler for six years and that one of his brothers was in the same industry in Australia. This, combined with the perceived volatility in Lebanon, raised concerns for the Tribunal that the prospect of employment in Australia could be a factor influencing the applicant not to comply with his visa conditions. The Tribunal was not satisfied that the applicant genuinely intended to stay temporarily in Australia.

Consequently, the Tribunal affirmed the decision not to grant Mr Charbel Bou Merhy a Visitor (Class FA) visa, subclass 600, as the requirements of clause 600.211 were not met.