Jafari (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600 (Tourist stream), brought before the Tribunal by Mr Jafari. The central dispute revolved around whether Mr Jafari met the requirements of clause 600.211 of the Migration Regulations, which mandates that the Tribunal be satisfied the applicant genuinely intends to stay temporarily in Australia for the visa's granted purpose.

The Tribunal was required to determine if Mr Jafari genuinely intended to stay temporarily in Australia, considering whether he had complied with the conditions of any previous visas, whether he intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The visa was sought for the purpose of visiting his son and daughter and their families, a purpose permissible under the Tourist stream.

In its reasoning, the Tribunal noted the absence of evidence regarding Mr Jafari's prior visa history. However, it accepted that, given his age and retirement from policing, he would not seek to work or study in Australia, thus intending to comply with the visa conditions prohibiting work and limiting study. The Tribunal also considered other relevant matters, including the circumstances of his children who were in Australia, and the significant extended family Mr Jafari had in Iran. The Tribunal was ultimately satisfied that Mr Jafari genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with the direction that Mr Jafari met the criterion under clause 600.211 of Schedule 2 to the Regulations.