Samsul Anver (Migration)

The matter before the Tribunal concerned an application for a Visitor (Class FA) visa, Subclass 600, made by Samsul Anver. The central dispute revolved around whether the applicant met the criteria for being a genuine temporary entrant, specifically as required by clause 600.211 of the Migration Regulations 1994. The applicant sought to visit her son and his family in Australia.

The Tribunal was required to determine if the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted. This involved assessing whether the applicant had complied substantially with the conditions of any previous Australian visas held, whether she intended to comply with the conditions of the Subclass 600 visa, and considering any other relevant matters. The specific conditions of the Subclass 600 visa relevant to the assessment included not working in Australia, not engaging in study or training for more than three months, not being entitled to a substantive visa while remaining in Australia (condition 8503), and departing Australia at the end of the permitted stay.

The Tribunal reasoned that as the applicant had never held an Australian visa, the condition relating to substantial compliance with previous visa conditions was not applicable. It found no indication that the 66-year-old applicant intended to breach the conditions regarding work or study. Furthermore, the Tribunal was satisfied that the applicant would comply with the condition requiring her departure at the end of her permitted stay. In reaching this conclusion, the Tribunal considered the applicant's economic, financial, and family circumstances. While the delegate had concerns about the strength of the applicant's financial incentives to return to Sri Lanka, the Tribunal found that the applicant's intention to visit family, coupled with her age and other factors, satisfied the genuine temporary entrant requirement.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration. The Tribunal directed that the applicant met the criteria under clause 600.211 of Schedule 2 to the Regulations.