JAFARPOUR (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Sponsored Family stream), made by an Iranian citizen who is the mother of an Australian permanent resident. The applicant sought to visit and spend time with her daughters in Australia. The primary issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 600.211 of the Migration Regulations 1994.

To determine if the applicant genuinely intended to stay temporarily, the Tribunal was required to assess whether she had complied substantially with the conditions of her previous visas and whether she intended to comply with the conditions of the proposed Subclass 600 visa. The applicant had previously travelled to Australia on a Visitor (FA-600) visa in 2012 and again in 2015, and on both occasions, she had complied with all visa conditions. The Tribunal also considered the conditions attached to the Subclass 600 visa, including the prohibition on working in Australia, engaging in study for more than three months, and the requirement to depart Australia at the end of the permitted stay.

The Tribunal found that the applicant, a retired deputy principal who now receives a state pension and operates a ladies' garments shop, had demonstrated a genuine intention to visit her daughters temporarily. Her past compliance with visa conditions and her stated intention to abide by the conditions of the Subclass 600 visa were considered relevant factors. The Tribunal was satisfied 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 meets the criteria under clause 600.211.