MEHEDDINE (Migration)

This matter concerned a Visitor (Class FA) visa, Subclass 600, where the applicant sought to travel to Australia for up to three months to visit family, including attending her nephew's first birthday party. The applicant, a 37-year-old single woman residing in Lebanon, owned and operated a successful hair salon there and had previously visited Australia, complying with her visa conditions. The review applicant, her aunt, sought to sponsor her niece for this visit.

The primary legal issue before the Tribunal was whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by clause 600.211 of the Migration Regulations. This involved assessing whether the applicant had complied with the conditions of her previous substantive visa, whether she intended to comply with the conditions of the proposed Subclass 600 visa, and considering any other relevant matters. The Tribunal also considered the applicant's business commitments in Lebanon, her financial capacity to fund her visit, and the migration history of her family members who had previously visited Australia.

The Tribunal reasoned that the visa applicant had demonstrated a genuine intention to visit Australia temporarily. It accepted evidence that she would not work in Australia, having established her own successful business over ten years, and would not engage in study. The Tribunal was satisfied that the applicant had complied with the conditions of her previous visitor visa and would comply with the conditions of the proposed visa, including not working, not studying for more than three months, not seeking to remain in Australia, and departing before her permitted stay ended. The Tribunal also noted that her family members who had previously visited Australia had complied with their visa conditions.

Consequently, the Tribunal found that the requirements of clause 600.211 were met and remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the visa applicant met the specified criteria.