Irannejad (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Visitor) in the Tourist stream, made by Mr. Irannejad. The dispute centred on whether the applicant met the criteria for a genuine temporary entrant, specifically the requirement under clause 600.211 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay temporarily in Australia for the purpose of visiting family, having regard to his compliance with previous visa conditions, his intention to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The delegate had refused the visa, finding that the applicant, a 71-year-old Iranian national, had insufficient incentive to depart Australia, noting he was married, travelling alone, and had not provided evidence of dependent family ties remaining in Iran, despite considering his financial and property ownership evidence and travel history.

The Tribunal reasoned that to assess the genuine temporary entrant requirement, it must consider compliance with past visa conditions and the intention to comply with future visa conditions, such as not working, not studying for more than three months, not seeking a further substantive visa, and departing Australia at the end of the permitted stay. While the delegate was not satisfied with the applicant's incentive to depart, the Tribunal noted the absence of any evidence of visa breaches by the applicant. After considering all the material, including evidence of personal funds and property ownership, the Tribunal concluded that the applicant genuinely intended to stay temporarily in Australia for the stated purpose.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under clause 600.211.