Boutros (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (Sponsored Family stream), brought before the Administrative Appeals Tribunal. The review applicant sought reconsideration of a decision concerning her brother, the visa applicant, who had an adverse migration history including previous visa refusals, periods of unlawful status, and immigration detention. The visa applicant sought to visit his sisters, their families, and other relatives in Australia.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of clause 600.211 of Schedule 2 to 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 requires consideration of whether the applicant has substantially complied with the conditions of their last substantive visa or any subsequent bridging visa, whether they intend to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal acknowledged the visa applicant's significant adverse migration history, including a Protection Visa refusal, a refused waiver of a visa condition, and a subsequent partner visa refusal. However, the Tribunal also considered the applicant's assurances of future compliance, his stated intention to return to Lebanon to care for his mother and manage a family business, and the strong assurances provided by his sister and brother-in-law in Australia, including an offer of a security bond. The Tribunal noted that the applicant had complied with the conditions of his Bridging Visa E in 2015 and departed Australia as scheduled. The Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia for the purpose of the visa.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration. The Tribunal directed that the visa applicant met the requirements of clause 600.211 of Schedule 2 to the Regulations.