Adewoye (Migration)

This matter concerned a review application lodged with the Tribunal concerning decisions made in relation to two visa applicants, Mrs Moninuola Olanike Afolabi and Mrs Ajibike Rachael Adewoye. The review applicant, an Australian relative, sought to combine the review applications. The primary dispute revolved around the Tribunal's jurisdiction to review Mrs Afolabi's application and whether Mrs Adewoye met the criteria for a Subclass 600 Visitor visa.

The Tribunal was required to determine whether it had jurisdiction to review Mrs Afolabi's application, specifically considering the requirements for lodging a review application, including the payment of the prescribed fee and the ability to combine applications. It also had to assess whether Mrs Adewoye met the criteria under clause 600.211 of the Regulations, which pertains to the genuine temporary entrant requirement, by considering her intention to comply with visa conditions and other relevant matters.

The Tribunal found that it lacked jurisdiction to review Mrs Afolabi's application because it was not made in accordance with the relevant legislation. This was due to a single application fee being paid, with no fee paid for Mrs Afolabi as a secondary applicant, and the circumstances did not permit the combination of review applications under Regulation 4.12. However, the Tribunal was satisfied that Mrs Adewoye met the requirements of clause 600.211, having considered evidence regarding her intention to visit family, her limited time away from her responsibilities as a carer for her husband and her role in running a small business in her home country, which indicated a genuine intention to stay temporarily in Australia.

Consequently, the Tribunal determined that it did not have jurisdiction to review Mrs Afolabi's application. The application of Mrs Ajibike Rachael Adewoye was remitted for reconsideration, with a direction that she met the criteria for a Subclass 600 Visitor visa, specifically clause 600.211.