Samani (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Visitor (Class FA) visa, subclass 600 (Tourist stream), made by a visa applicant who wished to visit family members in Australia. The core dispute revolved around whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted.

The Tribunal was required to determine if the visa applicant intended to stay temporarily in Australia for the purpose of the visa. This involved assessing whether the stated purpose of "Tourism/Visit family or friend" was an allowed purpose for a Tourist visa, whether the applicant had substantially complied with the conditions of any previous visas (which was not applicable in this instance as the applicant had not previously travelled to Australia), and whether the applicant intended to comply with the conditions of the proposed visa. The Tribunal also had to consider any other relevant matters.

In its reasoning, the Tribunal noted that the applicant's stated purpose was permissible for a Tourist visa. It considered various pieces of evidence, including the applicant's significant financial assets and property ownership in Iran, her planned itinerary, financial support from her brother in Australia, and a letter from her employer confirming a leave of absence. The Tribunal also took into account the applicant's personal circumstances, including her age, cohabitation with her mother in Tehran for seven years, and the protracted nature of her divorce proceedings which had previously restricted her ability to travel. Having weighed all these factors, the Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia.

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