Faizollah (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) (Sponsored Family stream), made by Ms. Faizollah. The dispute concerned whether Ms. Faizollah met the criteria for a genuine temporary entrant, specifically the requirements of clause 600.211 of the Migration Regulations 1994.

The Tribunal was required to determine whether Ms. Faizollah genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought. This involved assessing whether she had complied substantially with the conditions of any previous visas, whether she intended to comply with the conditions of the proposed Subclass 600 visa, and any other relevant matters. The applicant sought the visa to attend her brother's graduation ceremony and to spend time with her parents in Australia.

The Tribunal reasoned that clause 600.211(a) required consideration of past compliance with visa conditions. While Ms. Faizollah had not previously travelled to Australia, her parents had, and their recent grant of visitor visas suggested they would abide by their conditions. The Tribunal gave some positive weight to the parents' past adherence to visa conditions but emphasised the need to consider the applicant's individual circumstances. Regarding clause 600.211(b), the Tribunal noted the standard conditions for such a visa, including not working, not studying for more than three months, and not remaining in Australia after the permitted stay. The Tribunal concluded that the applicant met the requirements of clause 600.211.

The Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that Ms. Faizollah met the criteria under clause 600.211 of Schedule 2 to the Regulations.