Sheik Mohammed (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Immigration to refuse a Visitor (Class FA) visa, subclass 600, to the applicant. The delegate's refusal was based on the applicant not meeting the criteria in clause 600.211, specifically that the delegate was not satisfied the applicant genuinely intended to stay temporarily in Australia. The delegate had noted the presence of close family in Australia, the absence of evidence of personal income, savings, or assets, and the recent establishment of the applicant's business as reasons for this dissatisfaction.

The legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia, as required by clause 600.211 of the Migration Regulations 1994. This involved assessing the applicant's incentives to return to Fiji, considering factors such as employment, business interests, family ties, and financial circumstances in Fiji, against any perceived incentives to remain in Australia.

The Tribunal considered evidence that the applicant had visited Australia on six previous occasions and complied with visa conditions. The applicant's legal representative submitted that the applicant had a steady job and good income, and that both the applicant and his sponsor were committed to maintaining an unblemished family immigration record. The applicant stated his intention to visit siblings and discuss a business venture involving the supply of earthmoving equipment from Australia to Fiji. He also indicated he was establishing his own business in Fiji. The Tribunal noted the applicant's employment with Newmart Auto Sales and his new business, Suva Emperor Engineering, as incentives to return. The applicant also expressed attachment to Fiji, his mother, and his dislike of Australia's climate. Despite these submissions, the Tribunal was not satisfied that the applicant genuinely intended to stay temporarily in Australia and therefore affirmed the delegate's decision to refuse the visa.