Javadifar (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by Ms. Javadifar. The dispute concerned whether Ms. Javadifar genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by clause 600.211 of the Migration Regulations. Ms. Javadifar sought to travel to Australia with her daughter to visit family, including her son, his family, and a granddaughter she had not yet met.

The Tribunal was required to determine if Ms. Javadifar met the criteria under clause 600.211, which involves assessing her past compliance with visa conditions, her intention to comply with the conditions of the Subclass 600 visa, and any other relevant matters. Specifically, the Tribunal had to consider whether she had substantially complied with the conditions of any previous substantive or bridging visas, and whether she intended to comply with conditions such as not working, not studying for more than three months, not being entitled to a substantive visa while in Australia (other than a protection visa), and not remaining in Australia after her permitted stay.

In its reasoning, the Tribunal noted that Ms. Javadifar had no prior travel to Australia, meaning there was no evidence of non-compliance with Australian visa conditions. However, the Tribunal found significant evidence of her compliance with immigration requirements in her frequent travel outside of Iran to visit other countries, such as Denmark, and her return to Iran without hindrance. This was supported by passport stamps and oral evidence. The Tribunal also considered the visa applicant's age (88 years) and her desire to visit her son and granddaughter, whom she had not seen for six years due to her son's extended stay in Australia. The Tribunal concluded that Ms. Javadifar genuinely intended to stay temporarily in Australia for the stated purpose and 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 Ms. Javadifar met the criteria under clause 600.211.