SHABO (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, by a nun from Iraq. The applicant sought to visit her family in Australia, including attending her niece's baptism and providing emotional support to her ill mother, whom she had not seen for ten years. The review applicant, who is the applicant's brother and an Australian citizen, supported her application. The Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as stipulated by clause 600.211 of the relevant regulations.

The Tribunal considered several factors in assessing the applicant's genuine temporary entrant status. These included her past compliance with visa conditions, her intention to comply with the conditions of the proposed Subclass 600 visa, and any other relevant matters. The applicant's travel history demonstrated consistent compliance with visa conditions on multiple overseas trips. Furthermore, she provided a sworn statement affirming her intention to return to Iraq before her visa expired and not to apply for a protection visa while in Australia.

The Tribunal was satisfied that the applicant would comply with visa conditions prohibiting work and limiting study or training to three months, given her vocation as a nun and the stated purpose of her visit. Financial support for the trip was to be provided by her religious congregation, and her brother had offered accommodation and demonstrated his employment and lodgings. The Tribunal concluded that the applicant met the requirements of clause 600.211. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria for the visa.