Musheer (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600 (Tourist stream), brought before the Tribunal by the applicant. The central dispute revolved around whether the applicant met the criteria for remaining in Australia for a period exceeding 12 consecutive months, specifically clause 600.215 of Schedule 2 to the Regulations, which requires the satisfaction of exceptional circumstances for the grant of the visa.

The Tribunal was required to determine if exceptional circumstances existed to justify the applicant's extended stay in Australia beyond 12 months. The applicant, who is widowed and of an age where living alone is culturally unacceptable and frightening due to the law and order situation in Karachi, Pakistan, had always resided with her husband or son. Her son, who is an Australian citizen, was expecting to be granted permanent residency, and the applicant intended to apply for a subclass 143 visa to reside with him.

The Tribunal reasoned that the applicant's fear of living alone, compounded by cultural norms for single women in Pakistan, her commitment to her family, and her family's commitment to her, collectively constituted exceptional circumstances. The Tribunal accepted that the applicant had rented out her home in Karachi and would reside with relatives upon her return, but found her fear of living alone to be a significant factor. The Tribunal also noted the applicant's son's willingness to support her and provide accommodation.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 600.215 of Schedule 2 to the Regulations.