Akhundi (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (Sponsored Family stream), made by a 21-year-old female from Iran. The visa applicant sought to visit her aunt, Mrs Mina Akhundi, who is an Australian citizen residing in Australia with her husband and two sons. The visa applicant is self-supported by her work as a dental assistant and intended to fund her travel herself. The Tribunal was required to determine whether the visa applicant met the criteria under cl.600.211 of the Migration Regulations 1994, specifically whether she genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted.

The court was required to assess whether the visa applicant had complied substantially with the conditions of any previous substantive visa held, and whether she intended to comply with the conditions of the Subclass 600 visa. These conditions included not working in Australia, not engaging in study or training for more than three months, not being entitled to a substantive visa while remaining in Australia (other than a protection visa), and not remaining in Australia after the end of her permitted stay. The court also had to consider any other relevant matters.

The Tribunal considered evidence that the visa applicant had previously travelled to Turkey and complied with her visa conditions, and had not been refused a visa by any country other than Australia. It also took into account the review applicant's evidence regarding the genuine family visit purpose, including her personal circumstances and the desire for her niece to spend time with her sons. The Tribunal accepted that the visa applicant intended to visit her aunt and not to work or study for more than three months in Australia. The Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose of the visa.

The Tribunal remitted the application for reconsideration with a direction that the visa applicant met the criteria under cl.600.211.