2308946 (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, where the applicant sought to visit her son and his family in Australia. The primary dispute revolved around whether the applicant met the genuine temporary entrant (GTE) requirement under clause 600.211 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay temporarily in Australia for the purpose of her visit. This involved assessing whether the applicant had complied substantially with the conditions of any previous substantive or bridging visas, whether she intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal accepted evidence that the applicant had previously travelled to other countries and complied with visa conditions, returning to Iran at the end of her visits. It also considered the applicant's intention to comply with the conditions of the Subclass 600 visa, including not working or studying for more than three months, not remaining in Australia after her permitted stay, and not applying for another substantive visa while in Australia. The applicant's age, her stated love for her home and life in Iran, and her husband's presence there were given weight in assessing her intention to depart Australia. The sponsor's financial capacity to support the applicant was also noted.

Ultimately, the Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia and that the requirements of clause 600.211 were met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this criterion.