Cheema (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by Mr. Cheema. The central dispute concerned whether Mr. Cheema met the genuine temporary entrant (GTE) requirement under clause 600.211 of the Migration Regulations 1994. Mr. Cheema sought to visit his sister and her family and attend a family memorial.

The Tribunal was required to determine if Mr. Cheema genuinely intended to stay temporarily in Australia for the stated purpose. This involved assessing whether he had complied substantially with the conditions of his previous visas, whether he intended to comply with the conditions of the Subclass 600 visa, and considering any other relevant matters. The Tribunal also had to consider his migration history, including previous compliant visits to Australia, a prior student visa application and subsequent withdrawal of an appeal, and his arrangements for managing his family farm in his absence.

In its reasoning, the Tribunal noted Mr. Cheema's previous compliant visits to Australia on visitor visas. It also considered his application for a student visa, during which he held a bridging visa, and his subsequent departure from Australia. Mr. Cheema provided evidence that he intended to study English due to his early departure from school. The Tribunal acknowledged that his wife and daughter had joined him in Australia during this period and that he had employed a subcontractor to manage his farm while he was overseas. Despite the complexities of his migration history, including the student visa application and appeal withdrawal, the Tribunal ultimately found that Mr. Cheema met the GTE requirement.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that Mr. Cheema satisfied the criteria under clause 600.211 of Schedule 2 to the Regulations.