Chepkyi (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by a citizen of Ukraine. The visa applicant sought to visit his brother, who is an Australian citizen, and participate in a family event. The review applicant, the visa applicant's brother, offered a security bond of approximately $15,000 to facilitate the grant of the visa.

The primary legal issue before the Tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by clause 600.211 of the Migration Regulations. This involved assessing 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 considering any other relevant matters. The Tribunal also considered the conditions to which the visa would be subject, including not working in Australia (8101), not engaging in study or training for more than three months (8201), not remaining in Australia after the permitted stay (8531), and not being entitled to a substantive visa while remaining in Australia (8503).

The Tribunal reasoned that the visa applicant had established significant ties to his home country, including full-time employment in a managerial role since 2014, ownership of an apartment, and family responsibilities, including aging parents. He also had limited English language skills, making it more difficult for him to relocate than for his brother who had previously emigrated. The Tribunal was satisfied that the applicant had the financial means to fund his trip and would reside with his brother during his stay. Furthermore, the Tribunal found that the applicant intended to return to Ukraine at the end of his proposed two-month visit, as his family and employment awaited him. Consequently, the Tribunal was satisfied that the applicant would comply with the conditions of the visa, specifically not working or studying in Australia.

The Tribunal concluded that the visa applicant met the requirements of clause 600.211. Accordingly, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration with a direction that the visa applicant meets the specified criteria.