Avarzamani (Migration)

This matter concerned an appeal by a visa applicant against a decision of the delegate not to grant a Visitor (Class FA) visa, Subclass 600 (Visitor) in the tourist stream. The applicant sought to visit her children and for tourist purposes. The delegate had found that the applicant, a 57-year-old married citizen of Iran residing in Iran, was unemployed and had not declared dependants in her home country, leading to a conclusion that she did not intend a genuine temporary visit.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 600.211 of Schedule 2 to the Migration Regulations 1994. This clause requires the Tribunal to be satisfied that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment involves considering whether the applicant has complied with the conditions of any previous substantive or bridging visa, whether they intend to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal considered all the material before it, including property title deeds, company registration documents, bank statements, and payslips. It noted that there was no evidence of any substantive breach of visa conditions by the applicant. The Tribunal also considered the conditions to which the Subclass 600 visa would be subject, including not working in Australia, not engaging in study 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 the permitted stay.

The Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted and that the requirements of clause 600.211 were met. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the applicant met the criteria under clause 600.211.