YASAR (Migration)

The Administrative Appeals Tribunal considered the applications of a sixty-seven-year-old Turkish citizen and his wife for Visitor visas to Australia. Their son, an Australian citizen, sponsored their application, seeking for them to visit Australia for up to three months to meet his partner, see his new baby, and visit his brother and niece and nephew. The visa applicants, who are retired and reside in Turkey, had previously been refused Visitor visas to Australia.

The primary legal issue before the Tribunal was whether the visa applicants genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 600.211 of the Migration Regulations. This involved assessing whether the applicants had complied substantially with the conditions of any previous visas and whether they intended to comply with the conditions of the proposed Subclass 600 visa, including not working, not studying for more than three months, not remaining in Australia after their visa expired, and not being entitled to a substantive visa while in Australia.

The Tribunal considered evidence of the visa applicants' strong ties to Turkey, including their retirement pensions, ongoing tailoring business, rental income from a property, and bank savings. It also noted their sons' established lives in Australia, with one son being an Australian citizen and the other a permanent resident, both working for Australia Post. The Tribunal was satisfied that the visa applicants would comply with the conditions of the Subclass 600 visa, specifically that they would not work or study in Australia and would depart before their permitted stay expired.

Consequently, the Tribunal found that the requirements of clause 600.211 were met and remitted the applications for Visitor (Class FA) visas for reconsideration, with the direction that the visa applicants satisfy the criteria for a Subclass 600 (Visitor) visa.