1512476 (Migration)

[2016] AATA 3143

1512476 (Migration) [2016] AATA 3143 (29 January 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Sadia Jabbar

VISA APPLICANT:  Mr Abdul Fawad

CASE NUMBER:  1512476

DIBP REFERENCE(S):  BCC2015/2099758

MEMBER:Louise Nicholls

DATE:29 January 2016

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for the Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant meets the following criterion for a Subclass 600(Visitor)(Class FA) visa:

·Cl.600.232 of Schedule 2 to the Regulations.

Statement made on 29 January 2016 at 3:59pm

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. The applicant for the visa is Abdul Fawad. He is 39 years of age and a citizen of Pakistan currently living in Malaysia. He applied for a sponsored visit visa to visit his sister, Saddia Jabbar (43 years) in Australia. Ms Jabbar is his sponsor and the review applicant in this review.

2. The visa applicant applied for a Visitor (Class FA) Subclass 600 visa on 21 July 2015. He provided a copy of his passport, flight ticket itinerary, employment details, bank statements, Ms Jabbar’s tenancy agreement and Ms Jabbar’s statutory declaration dated 11 July 2015.

3. He also provided copies of two letters from the High Commission for Pakistan in Malaysia which certified his family composition. The letter dated 6 May 2015 listed his mother and sister (Saddia Jabbar) as family members and the letter of 8 July 2015 listed his wife and 3 sons.

4. On 31 July 2015 the delegate of the Minister for Immigration refused to grant the Visitor (Class FA) Subclass 600 visa under s.65 of the Migration Act 1958 (the Act). The delegate found that Mr Fawad had not provided acceptable evidence of the relationship between his sponsor and himself, that is Ms Jabbar and Mr Fawad. The decision noted that the evidence of relationship should be government issued and that statutory declarations and letters from the High Commission were not acceptable.

5. This is an application for review of that decision. Ms Jabbar provided submissions and a copy of the Family Registration Certificate issued by the National Database and Registration Authority of Pakistan to support the application.

6. Ms Jabbar also submitted that the personal details in the delegate’s decision were incorrect; pointing out that Mr Fawad was referred to as a 39 year old female living in Pakistan whereas he was, in fact, a 39 year old male living in Malaysia. She also submitted that it was unfair that the Department had not informed Mr Fawad that he needed government issued documents to confirm his family relationships before the decision was made. He was not given a chance to provide the information required by the delegate.

7. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   Consideration

8. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the visa applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

9. The issue for the Tribunal is whether the visa applicant meets the criterion in cl.600.232 of the Regulations. Cl.600.232 states;

   600.232

   [600.232] (1)      One of subclauses (2) to (4) applies.

   [600.232] (2)      The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:

   (a)      a relative of the applicant; or

   (b)      a relative of another applicant who is a member of the family unit of the applicant; or

   (c)      a relative of another applicant in relation to whom the applicant is a member of the family unit.

   [600.232] (3)      The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who:

   (a)      is a member of the Commonwealth Parliament or a State Parliament; or

   (b)      is a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or

   (c)      holds the office of mayor.

10. Ms Jabbar has now provided a copy of the Family Registration Certificate issued by the National Database and Registration Authority of Pakistan showing that she (sponsor) is the sister of the visa applicant (Mr Fawad).

11. Departmental records and a copy of Ms Jabbar’s Australian passport show that she is 43 years of age and is an Australian citizen. Before she became a citizen she was the holder of a permanent visa. Those records also show that other than for some short absences from Australia she has remained in Australia since June 2008. She also provided a tenancy agreement showing a lease to her and her husband for a property in Liverpool, NSW.

12. On the material before it, the Tribunal is satisfied that the applicant is sponsored by a settled Australian citizen who is over the age of 18 years and is the sister of the applicant. 

    DECISION

13. The Tribunal remits the application for the Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant meets the following criterion for a Subclass 600(Visitor)(Class FA) visa:

    ·            Cl.600.232 of Schedule 2 to the Regulations.

    Louise Nicholls
    Senior Member  29 January 2016