Shefaju (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), made by Mr. Omer Shefaju. The primary dispute concerned whether Mr. Shefaju genuinely intended to stay temporarily in Australia for the purpose of visiting his two sons and their families, as required by clause 600.211 of the Migration Regulations.

The Tribunal was required to determine if Mr. Shefaju met the criteria of clause 600.211, which involves assessing whether the applicant genuinely intends to stay temporarily, has complied with previous visa conditions, intends to comply with future visa conditions, and considering any other relevant matters. The Tribunal considered evidence regarding Mr. Shefaju's past travel history, including extensive travel to various countries where he complied with visa conditions, and his professional employment, salary, assets, and travel opportunities. The Tribunal also heard evidence concerning the security situation in Afghanistan and the travel of Australian family members to Afghanistan, as well as the potential for most of Mr. Shefaju's family members to be in Australia simultaneously.

The Tribunal found the review applicant, who provided oral evidence, to be an honest and credible witness. It was satisfied that Mr. Shefaju had complied substantially with the conditions of his last substantive visa, having travelled extensively to Pakistan, the United Arab Emirates, Iran, Saudi Arabia, and Sri Lanka without issue. The Tribunal also heard from Ms. El-Ali, who supported the proposed travel and impressed the Tribunal as an honest and credible witness. Based on the evidence presented, the Tribunal concluded that Mr. Shefaju genuinely intended to stay temporarily in Australia for the stated purpose.

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