Bakhtiari (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Sponsored Family stream), made by a visa applicant seeking to visit his brother in Australia. The decision under review was made by the Migration Review Tribunal.

The primary legal issue before the Tribunal was whether the visa applicant met the criteria under clause 600.211 of Schedule 2 to the Migration Regulations 1994. This clause requires the Tribunal to be satisfied that the 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 substantially with the conditions of their last substantive visa or any subsequent bridging visa, whether they intend to comply with the conditions of the Subclass 600 visa, and any other relevant matters.

The Tribunal noted that the visa applicant had not previously held an Australian visa, meaning there was no history of compliance or non-compliance with visa conditions to consider. The Tribunal also outlined 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 other than a protection visa while remaining in Australia, and not remaining in Australia after the end of the permitted stay. In considering other relevant matters, the Tribunal accepted that the applicants were brothers and had not seen each other since 1998. The review applicant, an Australian citizen, provided evidence of his income and savings, and explained his circumstances for leaving Iran.

For the reasons outlined, the Tribunal concluded 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 visa applicant met the specified criteria.