Javidi Gholipour Mashhad (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, brought before the Tribunal by the applicant, Javidi Gholipour Mashhad. The central dispute revolved around whether the applicant met the criteria under cl 600.211 of Schedule 2 to the Regulations, specifically the requirement to satisfy the Minister that the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

The Tribunal was required to determine if the applicant genuinely intended to stay temporarily in Australia. This involved assessing whether the applicant had complied substantially with the conditions of their last substantive visa, whether they intended to comply with the conditions of the Subclass 600 visa, and considering any other relevant matters. The purpose of the visa application was to visit family in Australia.

In its reasoning, the Tribunal noted that the applicant had complied with the conditions of their last substantive visa, a Visitor (Subclass 600) visa granted in May 2019. Furthermore, the Tribunal was satisfied that the applicant intended to comply with the conditions of the proposed visa, including not working or studying for more than three months, and not remaining in Australia after the permitted stay. This conclusion was supported by the applicant's history of eleven previous compliant visits to Australia. The Tribunal also considered other relevant matters, including family commitments, property ownership, and employment in the applicant's home country, as evidenced by documents such as birth certificates, passports, employment letters, and property deeds.

Ultimately, the Tribunal found that the applicant met the requirements of cl 600.211 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, with a direction that the applicant satisfied this criterion.