Khoury (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, Sponsored Family stream, made by a 60-year-old man from Lebanon. The applicant sought to visit his aunt, an Australian citizen, who sponsored his application. The applicant had a previous visitor visa refusal in 2016. The dispute before the Tribunal concerned whether the applicant genuinely intended to stay temporarily in Australia.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 600.211 of Schedule 2 to the Migration Regulations 1994. This clause requires the Tribunal to be satisfied that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment involves considering whether the applicant has complied with previous visa conditions, intends to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal considered extensive evidence, including documentation relating to the applicant's employment, property ownership in Lebanon, family ties in Lebanon and the USA, and the sponsor's details. Oral evidence was also taken from both the applicant and the sponsor, who were found to be credible and forthcoming witnesses. The Tribunal noted the applicant's strong ties to his home country, including his wife, children, father, siblings, and his self-employed business of ten years, as well as property ownership. These factors, combined with the applicant's stated purpose of visiting his aunt for a family wedding and the sponsor's assurances, led the Tribunal to be satisfied that the applicant genuinely intended to stay temporarily in Australia.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the visa applicant meets the criteria under clause 600.211.