1732918 (Migration)

This matter concerned a review of a decision to refuse a Visitor (Class FA) visa, Subclass 600 (Visitor) (Tourist stream), for a citizen of Iran. The visa applicant sought to visit her adult children and grandchildren residing in Australia. The primary dispute revolved around whether the visa applicant was a genuine temporary entrant, a requirement under clause 600.211 of the *Migration Regulations 1994* (Cth). The review was heard by the Tribunal.

The Tribunal was required to determine whether the visa applicant genuinely intended to stay in Australia temporarily for the purpose for which the visa was granted. This involved assessing the applicant's ties to Iran, her incentive to return, and the credibility of her stated purpose for visiting Australia, particularly in light of a previous visitor visa refusal. The Tribunal also considered evidence relating to the review applicant's circumstances in Australia, including her pregnancy and mental health, and how the visa applicant's visit might provide support.

The Tribunal's reasoning focused on reassessing the visa applicant's circumstances and the evidence presented. It considered the visa applicant's strong ties to Iran, including her husband, other adult children, and property ownership, as well as her lack of significant ties to Australia beyond her children. Crucially, the Tribunal noted that the visa applicant was of no interest to the Iranian government, thereby removing a potential disincentive to return. The Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose of her visit and that the requirements of cl.600.211 were met.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the visa applicant met the criteria under cl.600.211 of Schedule 2 to the Regulations.