Nassar (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Nassar for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant him a Visitor (Class FA) visa, subclass 600 (Visitor), Sponsored Family stream. Mr Nassar sought to visit his sons and their families in Australia.

The primary legal issue before the Tribunal was whether Mr Nassar was a genuine temporary entrant, as required by the Migration Regulations 1994 (Cth). This involved assessing whether he genuinely intended to stay in Australia for a limited period and would depart at the end of his proposed visit, considering his circumstances and the purpose of his visit.

The Tribunal affirmed the delegate's decision, finding that Mr Nassar had not satisfied the criteria for a genuine temporary entrant. The Tribunal noted that while Mr Nassar stated his intention to visit his sons and their families, there were incentives for him to remain in Australia, including the potential for future sponsorship by his sons. Furthermore, the Tribunal considered the security situation in Syria, where Mr Nassar's family originated, and the fact that he currently resided in Saudi Arabia without permanent residency. The Tribunal concluded that there was a risk that Mr Nassar's immigration status could change once he was onshore in Australia, and that he had not demonstrated a genuine intention to depart Australia at the end of his proposed visit.