DAUD (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (Sponsored Family stream). The applicant sought to visit her sister, an Australian permanent resident, and her family. The primary dispute revolved around whether the applicant met the criteria for a genuine temporary entrant under clause 600.211 of the Migration Regulations 1994, which requires the Tribunal to be satisfied that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal was required to determine whether the applicant intended to comply with the conditions of the Subclass 600 visa, including 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 her permitted stay. The Tribunal also had to consider any other relevant matters, including the applicant's personal circumstances, her family's immigration history in Australia, and the potential impact of COVID-19 travel restrictions.

In its reasoning, the Tribunal noted that the applicant, a 30-year-old who had recently completed a Dental Surgery degree, intended to visit her sister and family. The applicant's husband had recently secured employment in Abu Dhabi, and she planned to join him there after her thesis submission. The applicant was 29 weeks pregnant and indicated a willingness to leave her baby with her parents if she gave birth before the visa was granted, intending to relocate to Abu Dhabi with the baby upon her return to Pakistan. The Tribunal found that the reference to the applicant's family's immigration history was not elaborated upon and did not appear to lead to adverse conclusions, as neither the applicant nor her sponsor had adverse immigration histories, and the sponsor and her husband had maintained their visa status.

Ultimately, the Tribunal was satisfied that the applicant met the requirements of clause 600.211 and genuinely intended to stay temporarily in Australia for the purpose of a family visit. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the specified criteria for the visa.