Kilinc (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, by a 37-year-old male citizen of Turkey. The applicant sought to visit his brother who resided in Australia. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 600.211 of the Migration Regulations 1994. This clause mandates that the Tribunal be satisfied the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment requires consideration of whether the applicant has substantially complied with the conditions of any previous substantive or bridging visa, and whether the applicant intends to comply with the conditions of the Subclass 600 visa.

The Tribunal considered the applicant's travel history, noting he had previously travelled to Cyprus and Germany, and had complied with the terms of his visas, although he had been refused a visa to England. The Tribunal also considered the conditions of the proposed visa, including not working, not engaging in study for more than three months, not being entitled to a substantive visa while in Australia, and not remaining in Australia after the permitted stay. The Tribunal accepted the applicant's stated intention to visit his brother and noted the brother's evidence regarding family visits.

Ultimately, the Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose of visiting his brother and that the requirements of clause 600.211 were met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this criterion.