Momeni (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by a 53-year-old Iranian national. The review applicant, who is the visa applicant's brother and an Australian citizen, sought reconsideration of a decision. The central dispute revolved around whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose of her visit, as required by clause 600.211 of the Migration Regulations 1994. The visa was sought to visit her sick father, who was 80 years old and suffering from prostate cancer, as well as her brother and sisters in Australia.

The court was required to determine if the visa applicant met the criteria under cl.600.211, which necessitates satisfaction that the applicant genuinely intends to stay temporarily in Australia for the granted visa's purpose. This involved assessing whether the applicant had complied with the conditions of her last substantive visa and whether she intended to comply with the conditions of the Subclass 600 visa, including not working, not studying for more than three months, not remaining in Australia without a further substantive visa, and departing Australia at the end of her permitted stay. The court also considered any other relevant matters.

The Tribunal considered the visa applicant's extensive international travel history, noting that most of it was work-related and conducted on a diplomatic passport, with a history of compliance with visa conditions in other countries. It also took into account the compelling family circumstances, including the father's declining health and the desire of the visa applicant and her siblings to spend time with him. The Tribunal accepted the visa applicant's stated intention to visit her family and not to work or study beyond the permitted period.

Ultimately, the Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, finding that the requirements of cl.600.211 were met. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the visa applicant met the specified criteria.