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Tribunal: Member R Smidt

The AAT remitted a decision of a delegate of the Minister for Immigration (the Department) to refuse to a family sponsored visitor visa. The Department had refused the visa because they were not satisfied that the visa applicant would stay temporarily in Australia for the purpose for which the visa was granted.

The AAT considered whether she would comply with the conditions of her visa which included conditions against working, studying and overstaying. In weighing up the applicant’s likelihood of compliance, the AAT assessed her background. The AAT would typically also assess the applicant’s travel history to Australia but was unable to do so as she had never travelled to Australia before.

The applicant is a retired teacher from Iran who draws a pension from the Iranian government. She has close ties with Iran where she has resided all her life and where most of her friends and relatives live. Aside from the daughter and new grandchild whom the applicant would like to visit, she has no ties to Australia. The AAT was satisfied that there was nothing in her circumstances or the travel history of her close family members to indicate that applicant would overstay her visitor visa.

During the hearing, the applicant’s daughter stated that she and her husband would support her mother’s stay and that as she would like to sponsor other family members to visit them in future, she would ensure that her mother complies with visa requirements.

Based on these factors, the AAT was satisfied that the applicant genuinely intends to stay temporarily in Australia and would comply with visa conditions.

Read the full decision