Khan (Migration)

The Administrative Appeals Tribunal considered applications for Visitor (Class FA) visas, Subclass 600 (Visitor) Sponsored Family stream, made by a family residing in Pakistan. The dispute centred on whether the visa applicants genuinely intended to stay temporarily in Australia, as required by clause 600.211 of the Migration Regulations. The applicants sought to visit a critically ill relative and provide support to the sponsor and his family during this difficult time.

The primary legal issue before the Tribunal was to determine if the visa applicants met the requirements of clause 600.211, which mandates satisfaction that the applicant genuinely intends to stay temporarily in Australia for the visa's purpose. This assessment involved considering whether the applicants had substantially complied with previous visa conditions, intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The applicants' stated purpose was to visit the sponsor, who is the first applicant's brother, and to support him and his family while their nine-year-old son was in intensive care.

The Tribunal acknowledged the sponsor's emphasis on the first applicant's successful business and comfortable lifestyle in Pakistan, including a large home and staff, and his role as Director of a petroleum transport company. The sponsor also highlighted the desire for the cousins to visit each other and the need for the first applicant to assist with childcare so that the sponsor and his wife could focus on their critically ill son. While the Tribunal initially questioned the necessity of the entire family travelling, given the expense and the stated purpose of supporting the sponsor, it ultimately accepted the sponsor's explanation that his brother was a highly successful businessman whose lifestyle differed significantly from his own. The Tribunal concluded that the visa applicants genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, thus meeting the requirements of clause 600.211.

The Tribunal remitted the applications for Visitor (Class FA) visas for reconsideration, with the direction that the visa applicants meet the criteria for a Subclass 600 (Visitor) visa, specifically clause 600.211 of Schedule 2 to the Regulations.