El Rahi (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister to refuse to grant a Visitor (Class FA) visa, Subclass 600, to Ms. Yasmin Al Rai. The applicant, an offshore applicant from Lebanon, had her visa application refused on the grounds that she did not satisfy the genuine temporary entrant (GTE) requirement under clause 600.211 of Schedule 2 to the *Migration Regulations 1994* (Cth). The review applicant, who is Ms. Al Rai's brother, applied to the Tribunal for a review of this decision.

The primary legal issue before the Tribunal was whether Ms. Al Rai genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted. This required the Tribunal to consider three aspects: (a) whether the applicant had complied substantially with the conditions of any previous substantive or bridging visas; (b) whether the applicant intended to comply with the conditions of the Subclass 600 visa; and (c) any other relevant matter. The Tribunal also considered the migration history of the review applicant and his brother, as well as the general security situation in Lebanon, to assess whether these factors might indicate an intention to remain in Australia.

The Tribunal reasoned that the visa applicant's previous compliant travel to Australia, where she departed before her visa expired, weighed in favour of a finding that she intended to stay temporarily. Furthermore, the applicant's stated willingness to comply with all conditions of the Subclass 600 visa, including not working and potentially paying for health insurance, also supported this conclusion. Regarding other relevant matters, the Tribunal found no evidence to suggest that the applicant or her family in Lebanon had safety concerns that would prompt an intention to remain in Australia. The Tribunal was persuaded that the applicant's stated purpose for visiting Australia – to assist her brother with his children, particularly one requiring medical attention – was genuine and not a pretext to escape Lebanon.

Consequently, the Tribunal set aside the delegate's decision and remitted the matter back to the delegate for reconsideration. The Tribunal directed that for the purpose of reconsideration, the visa applicant was to be considered as meeting the GTE requirement under clause 600.211. The Tribunal also indicated that any residual concerns could be addressed by requiring the review applicant to sponsor his sister and impose a security deposit.