Haghighi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mrs Behnaz Haghighi concerning a decision by a delegate of the Minister for Immigration to refuse her daughter, Mrs Melika Rostamipour, a Visitor (Class FA) visa. Mrs Rostamipour had applied for the visa under the Tourist stream of the Subclass 600 (Visitor) visa. The delegate's refusal was based on the assessment that Mrs Rostamipour did not meet criterion cl.600.211 of Schedule 2 to the Migration Regulations 1994, which requires a visa applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted.

The primary legal issue before the Tribunal was whether Mrs Rostamipour genuinely intended to stay temporarily in Australia, as required by cl.600.211. This involved considering whether she had complied with the conditions of any previous substantive visa, whether she intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The Tribunal also had to consider the specific circumstances of the applicant, including her personal situation in Iran, her family ties in Australia, and the reasons for her husband remaining in Iran.

The Tribunal reasoned that while Mrs Rostamipour had chosen to remain in Iran after her mother obtained permanent residency in Australia, her circumstances and those of her mother were sufficiently different. The Tribunal gave positive weight to the fact that a sister of Mrs Haghighi had previously visited Australia and returned to Iran. It accepted that Mrs Rostamipour could fund her airfare, would stay with her mother, and had no intention of working or studying in Australia. Furthermore, the Tribunal accepted that her husband and employment in Iran provided sufficient incentives for her to return. Consequently, the Tribunal was satisfied that Mrs Rostamipour genuinely intended to stay temporarily in Australia.

The Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, directing that Mrs Rostamipour meets the criteria for a Subclass 600 (Visitor) (Class FA) visa, specifically cl.600.211 of Schedule 2 to the Regulations.