Mendygalieva (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (tourist stream), made by Mr Evgenii Mendygaliev. The review applicant, Ms Iana Mendygalieva, is Mr Mendygaliev's sister and sponsor. The Administrative Appeals Tribunal was required to determine whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by cl.600.211 of the Migration Regulations.

The Tribunal considered whether Mr Mendygaliev had complied substantially with the conditions of his last substantive visa and whether he intended to comply with the conditions of the proposed Subclass 600 visa. The Tribunal noted Mr Mendygaliev's previous compliant travel to Australia on a tourist visa in 2003/2004, giving this significant weight. The sponsor, Ms Mendygalieva, provided credible evidence that Mr Mendygaliev intended to comply with all visa conditions, including not working or studying in Australia beyond the permitted period, and not remaining in Australia after his permitted stay.

The Tribunal also considered other relevant matters, including incentives for Mr Mendygaliev to remain in or return to his home country. Despite the presence of his sister and her son in Australia, the Tribunal was satisfied that Mr Mendygaliev genuinely intended to stay temporarily. Consequently, the Tribunal remitted the application for reconsideration with a direction that the criteria under cl.600.211 were met.