Ajayi (Migration)

[2024] AATA 653

Ajayi (Migration) [2024] AATA 653 (18 March 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Matthew Funsho Ajayi

VISA APPLICANT:  Mrs Dupe Famobio

CASE NUMBER:  2219199

HOME AFFAIRS REFERENCE(S):          BCC2022/1921505

MEMBER:Kate Millar

DATE:18 March 2024

PLACE OF DECISION:  Adelaide

DECISION:The Tribunal affirms the decision not to grant the visa applicant a Visitor (Class FA) visa.

Statement made on 18 March 2024 at 4:08pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – genuine temporary entrant – visa applicant passed away – review applicant did not attend Tribunal hearing – intention to visit Australia – decision under review affirmed           

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 600.321

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. Mr Matthew Ajayi applied for a review of a decision to refuse his mother, Mrs Dupe Famobio, a Visitor (Class FA) visa in the Sponsored Family Stream.  Mrs Famobio applied for the visa on 29 May 2022, and it was refused on 25 October 2022. 

2. In January 2024, Mr Ajayi advised that his mother had passed away in September 2023.   While Mr Ajayi later indicated he did not want to continue with his application and did not want to attend a hearing, when contacted again by the Tribunal he did not confirm that he wanted to withdraw the application.   He did not attend a hearing scheduled on 12 March 2024.

3. While the Tribunal appreciates Mr Ajayi’s attempts to inform the Tribunal about his mother and acknowledges that this is a difficult time for him, his application to the Tribunal must be finalised.

4. The requirements for the grant of a Subclass 600 visa are set out in Part 600 of Schedule 2 of the Migration Regulations 1994. As Mrs Famobio is now deceased, she cannot meet requirements for the grant of the visa that relate to intending to visit Australia, such as that in cl.600.321 of Schedule 2 of the Regulations. As this is a requirement for the grant of the visa, the decision under review must be affirmed.

5. The Tribunal affirms the decision not to grant Mrs Famobio a Visitor (Class FA) visa.

   Kate Millar
   Senior Member