ZREIKA (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, subclass 600 (Visitor) tourist stream, made by Mr Zreika. The primary issue before the Tribunal was whether the applicant met the criteria under cl.600.211 of the Migration Regulations 1994, specifically whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted.

The Tribunal was required to assess whether the applicant had complied substantially with the conditions of any previous visas (which he had not held), whether he intended to comply with the conditions of the Subclass 600 visa (namely, not working or studying for more than three months), and to consider any other relevant matters. The Tribunal considered the applicant's family ties in Lebanon, including his mother, siblings, and extended family, and accepted evidence that he played a role in their financial support. It also considered his employment in a family coal trading business since 2010.

Despite finding that the applicant would likely comply with visa conditions and that his family ties and employment in Lebanon weighed in favour of his return, the Tribunal noted a lack of recent evidence demonstrating that the family business was still a going concern. The Tribunal indicated that further evidence, such as contracts, invoices, or photographs of the business premises or inventory, would be beneficial. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the criteria under cl.600.211.