Zorkina (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Visitor), sponsored family stream, made by a Ukrainian national. The applicant sought to visit his daughters and grandson in Australia. The primary dispute before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the stated purpose, as required by clause 600.211 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria under clause 600.211, which involves assessing whether the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment required the Tribunal to consider whether the applicant had complied with the conditions of any previous Australian visas (which was not applicable in this instance as the applicant had not previously held one), whether the applicant intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The Tribunal also had to consider the "push factors" and "pull factors" influencing the applicant's intention to return to Ukraine.

The Tribunal's reasoning focused on the "other relevant matters" under clause 600.211(c). It acknowledged the significant economic, political, and security concerns in Ukraine, particularly in the eastern regions. However, the Tribunal also considered the applicant's strong ties to Ukraine, including his ownership of a house, his employment as a store manager, his close relationships with his sister and elderly mother-in-law whom he assists daily, and the graves of his parents. The Tribunal accepted the assurances of the applicant and the review applicant that the applicant had a satisfactory standard of living in Ukraine, was unaffected by the political situation in his locality, and that his ties to Ukraine provided a significant incentive for his return. The Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia to visit his family and would abide by the visa conditions.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600 (Visitor), for reconsideration, with a direction that the applicant met the criteria under clause 600.211 of the Regulations.