Kiani (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), made by a 75-year-old Iranian man. The applicant sought to visit his daughter, an Australian permanent resident, her partner, and their child in Australia for approximately two months. The primary dispute revolved around whether the applicant met the criteria under clause 600.211 of Schedule 2 to the Regulations, which requires the Tribunal to be satisfied that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

The Tribunal was required to determine if the applicant had complied substantially with the conditions of any previous visas, intended to comply with the conditions of the Subclass 600 visa, and if any other relevant matters supported his genuine temporary entrant status. The Tribunal considered evidence including the applicant's age, his semi-retired status as an accountant in Iran, his wife's casual employment as a tour guide, and their joint ownership of property in Iran. It also noted the applicant's previous visits to Australia with his wife in 2014 and 2017, and their subsequent return to Iran without incident. The applicant's daughter, who is an Australian permanent resident and a US citizen, confirmed her father would travel alone, with his wife remaining in Iran.

The Tribunal reasoned that the applicant's past compliance with visa conditions, evidenced by his previous successful visits to Australia and returns to Iran, along with his intention to comply with the conditions of the Subclass 600 visa, supported his claim of genuine temporary entrant status. The Tribunal also considered the applicant's strong ties to Iran, including his wife and other siblings, and his semi-retired status, as factors indicating he would return. The Tribunal concluded that the applicant genuinely intended to stay temporarily in Australia for the purpose of the visa.

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