Selwanes (Migration)

This matter concerned an appeal by Mr Fady Khalil Selwanes Khalil against the decision of the delegate of the Minister to refuse to grant him a Subclass 600 (Visitor) visa, Tourist stream. The primary issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

The Tribunal was required to consider whether the applicant had complied substantially with the conditions of his last substantive visa, whether he intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The applicant’s previous compliant travel to Australia some 16 years prior was noted, but the Tribunal acknowledged that his circumstances may have changed. The proposed visa conditions included not working, not studying for more than three months, not being entitled to a substantive visa (other than a protection visa) while remaining in Australia, and not remaining in Australia after the end of his permitted stay.

In its reasoning, the Tribunal gave little weight to the applicant's provided certificate of employment, as it was unsigned, undated, and not certified. The applicant stated his intention to travel with his elderly mother, who had been granted a visa but was unable to travel alone due to mobility issues. The Tribunal was not satisfied that the applicant genuinely intended to stay temporarily in Australia, finding that the requirements of clause 600.211 of the Migration Regulations were not met. Consequently, the Tribunal affirmed the decision not to grant the visa.