Rashid (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by Mr Saddam Rashid. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the criteria under cl 600.211 of Schedule 2 to the Migration Regulations 1994, which pertains to the genuine temporary entrant requirement.

The central legal issue before the Tribunal was whether it was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted. This assessment involved considering whether the applicant had complied substantially with the conditions of their last substantive visa or any subsequent bridging visa, and whether they intended to comply with the conditions of the Subclass 600 visa, such as not working in Australia, not engaging in study for more than three months, and not remaining in Australia after the end of their permitted stay.

The Tribunal considered extensive written submissions and numerous attachments provided by the applicant, which addressed identity, personal circumstances, financial standing, and business holdings, as well as the nature of the applicant's relationship with his sister and her family in Australia. Based on this evidence, the Tribunal concluded that the applicant genuinely intended to stay temporarily in Australia for the purpose of visiting.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the applicant met the criteria under cl 600.211.