Dikran (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant sought to visit Australia to attend her daughter's wedding. The primary issue before the Tribunal was whether the applicant met the criteria 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 consider three aspects under clause 600.211: whether the applicant had complied substantially with the conditions of any previous Australian visa, whether the applicant intended to comply with the conditions of the Subclass 600 visa, and any other relevant matter. The Tribunal found that the applicant had never held an Australian substantive or bridging visa, meaning there was no history of compliance or non-compliance with such conditions. Regarding future compliance, the Tribunal was satisfied that the applicant intended to abide by the conditions of the Subclass 600 visa, specifically not to work or study for more than three months, and to depart Australia before the end of her permitted stay.

The central dispute revolved around the applicant's intention to return to Syria. The delegate had given significant weight to the prevailing economic, political, and security situation in Syria, which led to a lack of satisfaction regarding the applicant's temporary intention. However, the Tribunal considered the applicant's personal circumstances, including her lifelong residence in Syria, her family ties there (brother, sister, and their families), her employment in the fashion industry, her home, and her sense of community. The Tribunal concluded that these factors, when weighed against the purpose of her visit, indicated a genuine intention to return to Syria before her visa expired.

Consequently, the Tribunal was satisfied that the applicant met the requirements of clause 600.211. The Tribunal remitted the application for reconsideration with a direction that the applicant met this criterion.