Mohsenpour (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by Ms. Mohsenpour. The central issue before the Tribunal was whether the applicant met the requirements of clause 600.211 of the Migration Regulations 1994, specifically concerning whether she genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

To determine this, the Tribunal was required to assess whether the applicant had complied substantially with the conditions of any previous visas, whether she intended to comply with the conditions of the Subclass 600 visa, and any other relevant matters. The applicant sought the visa to visit her two sisters and their families in Australia, one of whom is an Australian citizen and the sponsor. The Tribunal noted that as the applicant had not previously travelled to Australia, the condition relating to substantial compliance with previous visa conditions was not applicable. The intended conditions of the Subclass 600 visa included not working, not engaging in study for more than three months, not being entitled to a substantive visa other than a protection visa, and not remaining in Australia after the end of her permitted stay.

The Tribunal considered the applicant's personal circumstances, including her age, her residence in Turkey with her husband who owns a successful business, and her intention to travel alone to visit her sisters and celebrate the birth of her nephew. Evidence presented included submissions from her brother-in-law, the visa application, property deeds, and bank statements. The Tribunal noted that the applicant and her husband had previously travelled to the Netherlands, the Czech Republic, and Austria, returning to Turkey each time without breaching visa conditions. The applicant's husband had substantial financial resources to support her travel, and her sisters would provide accommodation.

Based on the evidence, the Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia for the purpose of her visit 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 the applicant meets the criteria under clause 600.211.