Khoder (Migration)

This matter concerns an application for review of a decision by the Minister's delegate to refuse a Visitor (Class FA) visa, subclass 600 (Sponsored Family stream), to Mr Khoder Mohammed. The visa applicant sought to visit his sister and her family in Australia. The review applicant, Mrs Ghadir Khoder, is the visa applicant's sister and an Australian citizen. The hearing before the tribunal involved oral evidence from the visa applicant and the review applicant, with the assistance of an interpreter.

The central legal issue before the tribunal was whether the visa applicant satisfied clause 600.211 of the Migration Regulations, which requires the applicant to demonstrate a genuine intention to stay temporarily in Australia for the purpose for which the visa is granted. This assessment involves considering the applicant's compliance with past visa conditions, their intention to comply with future visa conditions, and any other relevant matters. The tribunal was satisfied that the stated purpose of the visit, to see his sister and her family, was a valid purpose within the sponsored family stream.

The tribunal considered the family circumstances, including the review applicant's migration history and her visits to Lebanon with her children. It noted the ages and health of her children, including a severely disabled infant. The tribunal found that the visa applicant's purpose for seeking the visa was genuine and that he intended to comply with the conditions of the visa. The tribunal ultimately remitted the decision for reconsideration.