Amirghan (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of a subclass 600 Visitor visa. The applicant, Ms. Amirghan, sought an extension of her stay in Australia, which, if granted, would have resulted in her being in Australia for a total period exceeding 12 consecutive months.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 600.215 of the Migration Regulations 1994. This clause requires the Tribunal to be satisfied that exceptional circumstances exist for the grant of a Visitor visa if granting it would permit the applicant to remain in Australia for more than 12 consecutive months, including periods spent on other specified visa types. The Tribunal also had to consider the applicant's stated reasons for seeking the extension, including attending grandchildren's graduations and assisting her son and granddaughter.

The Tribunal found that the applicant had been in Australia continuously since June 2016. While the applicant initially stated a desire to attend graduations in March and later mentioned December, the evidence presented regarding the timing of these events was inconsistent. The applicant's husband indicated a desire to stay for another year to assist their granddaughter, whose husband travels for work. The applicant herself stated a desire to stay for another year to help her granddaughter and acknowledged that she and her husband wanted to spend time with their family in Australia, having lived in Los Angeles for 47 years. The Tribunal concluded that these circumstances did not constitute exceptional circumstances as required by clause 600.215.

The Tribunal affirmed the decision under review, finding that the applicant had not satisfied the criteria for the grant of the visa.