Maleki (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse a Visitor (Class FA) visa, subclass 600 (Visitor), sponsored family stream. The visa applicant, Ms Yasaman Maleki, sought to visit her brother and engage in tourist activities in Australia. The delegate refused the visa on the basis that Ms Maleki did not satisfy clause 600.211 of the Migration Regulations, which requires the applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted. The review applicant, Ms Maleki's brother, appeared before the Tribunal, while Ms Maleki provided evidence via telephone.

The sole legal issue before the Tribunal was whether Ms Maleki met the requirements of clause 600.211. This clause necessitates satisfaction that the applicant genuinely intends to stay temporarily in Australia for the visa's purpose, has complied substantially with the conditions of any previous visas, intends to comply with the conditions of the subclass 600 visa, and that any other relevant matters are considered. The Tribunal noted that Ms Maleki had no prior travel history to Australia, meaning there was no evidence of compliance or non-compliance with previous visa conditions.

The Tribunal considered Ms Maleki's extensive overseas travel to numerous countries, as evidenced by her passport, and her stated aspiration to travel the world. It also took into account that Ms Maleki resides with her parents in Iran and that her brother, the review applicant, had established ties to Australia through his previous student visas. Despite the visa applicant's extensive travel history and stated intention to see the world, the Tribunal found that these factors, when considered alongside her ties to Iran, did not provide sufficient grounds to be satisfied that she genuinely intended to stay temporarily in Australia. The Tribunal remitted the decision for reconsideration.