Shaheen (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (tourist stream), made by an applicant seeking to visit family in Australia. The primary dispute concerned whether the applicant met the criteria under clause 600.211 of the Migration Regulations 1994, which requires the Tribunal to be satisfied that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal was required to determine if the applicant genuinely intended to stay temporarily in Australia, having regard to whether the applicant had complied substantially with the conditions of any previous visas, whether the applicant intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The applicant had not held previous visas, so compliance with past conditions could not be assessed. The Tribunal found the review applicants credible and accepted their assurances that the applicant intended to comply with the conditions of the Subclass 600 visa, including not working in Australia, not studying for more than three months, not remaining in Australia after the end of the permitted stay, and not being entitled to apply for a substantive visa while in Australia.

In considering other relevant matters, the Tribunal noted that the applicant's wife would remain in Pakistan with their recently separated adult daughter. The applicant owned a 50-acre farm business with employees and also owned residential properties, all of which required his ongoing involvement. The applicant's stated purpose for the visit was to see his sister and nephew for approximately one month. Despite the applicant's significant ties to his home country, the Tribunal concluded that the applicant genuinely intended to stay temporarily in Australia for the purpose of the visa.

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