Hamad (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor), by a visa applicant seeking to visit his brothers and their families in Australia. The primary issue before the Tribunal was whether the applicant met the requirements of clause 600.211 of Schedule 2 to the Regulations, which mandates satisfaction that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

To determine this, the Tribunal was required to consider whether the applicant had complied substantially with the conditions of his last substantive visa or any subsequent bridging visa, and whether he intended to comply with the conditions of the Subclass 600 visa. The relevant conditions included not working in Australia, not engaging in study or training 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 the permitted stay. The Tribunal also had to consider any other relevant matters.

The Tribunal noted the applicant's previous travel to Australia in 2010 and 2012 on Visitor visas, departing prior to their expiry. In assessing the applicant's intention to comply with visa conditions, the Tribunal considered evidence regarding his financial situation and proposed arrangements for his visit. The applicant's brother, the review applicant, provided evidence of the applicant's self-employment as a tiler, his weekly earnings, savings, and ownership of a house. The brother also stated that the applicant would pay for his own airfare and that he would provide accommodation and food. Further evidence was presented regarding the applicant's alleged ownership of a taxi and his work as a delivery driver and taxi driver, with the brother asserting the applicant would bring spending money and had not worked or studied during previous visits, nor intended to do so.

Despite the initial finding that the applicant met the criteria of cl.600.211, the Tribunal ultimately remitted the application for reconsideration. The decision directed that the visa applicant meets the criteria of cl.600.211 of Schedule 2 to the Regulations.