GJERGJI (Migration)

This matter concerned an appeal by Gjergj Gjergji against a decision to refuse his application for a Visitor (Class FA) visa, subclass 600 (Visitor), sponsored family stream. The visa applicant sought to visit his son, Albert, who resides in South Australia. The primary issue before the Administrative Appeals Tribunal was whether the visa applicant met the requirements of clause 600.211 of the Migration Regulations 1994, which mandates satisfaction 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 if the visa applicant genuinely intended to stay temporarily in Australia. This assessment involved considering whether the applicant had complied substantially with the conditions of any previous substantive or bridging visas, whether he intended to comply with the conditions of the subclass 600 visa, and any other relevant matters. The Tribunal noted that the applicant had no prior travel history to Australia, meaning there was no evidence of compliance or non-compliance with Australian visa conditions.

The Tribunal considered the applicant's previous travel to Italy to visit his daughter on multiple occasions, finding that this demonstrated a history of travelling outside Albania and returning. While the applicant's registered farm business in Albania and a potential language barrier were mentioned as factors, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal accepted the oral evidence that the applicant and his wife, Marije Gjergji, intended to visit their son, travel within South Australia, and experience his life there. The Tribunal found that the applicant's previous compliant travel to Italy provided some weight to his intention to return to Albania.