SOLEIMANIAN BRUJENI (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, in the Sponsored Family stream, brought by Ms Soleimanian Brujeni. The core dispute before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

The Tribunal was required to determine if the applicant met the criteria under cl.600.211 of the Migration Regulations 1994. This involved assessing whether the applicant had complied substantially with the conditions of any previous substantive or bridging visas, whether she intended to comply with the conditions of the Subclass 600 visa, and considering any other relevant matters. The specific conditions of the visa in question included not working in Australia, not engaging in study or training for more than three months, not being entitled to a substantive visa (other than a protection visa) while remaining in Australia, and not remaining in Australia after the end of the permitted stay.

The Tribunal reasoned that as the applicant had not previously held a substantive visa in Australia, there was no history of compliance or non-compliance to consider. It accepted that the applicant intended to comply with the visa conditions, noting her stated intention to visit her brother and his family, her personal savings, and the support she would receive from her brother. The Tribunal also accepted that the applicant had no intention or need to work in Australia. The applicant's stated reasons for returning to Iran, including her close family ties and her commitment to her work and country, were also considered relevant.

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, and therefore found that the requirements of cl.600.211 were met. The Tribunal remitted the application for reconsideration with a direction that the applicant met the relevant criteria.