Alzou'Bi (Migration)

[2023] AATA 3916

Alzou'Bi (Migration) [2023] AATA 3916 (17 November 2023)

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DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Mohammed Ali Mohammed Alzou'Bi

VISA APPLICANT:  Mr Mahmod Ali Mohamad Alzoubi

REPRESENTATIVE:  Ms Nuha Bayad

CASE NUMBER:  2218592

HOME AFFAIRS REFERENCE(S):          BCC2022/2430045

MEMBER:Meena Sripathy

DATE:17 November 2023

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

·cl 600.232 of Schedule 2 to the Regulations

Statement made on 17 November 2023 at 10:02am

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – relationship between applicant and sponsor – extract of civil register from home country provided to tribunal – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cl 600.232

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicant a Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 29 June 2022. The delegate refused to grant the visa on 10 October 2022.

2. The delegate made the decision on the basis that evidence of the relationship between the sponsor and the visa applicant was not provided as required to satisfy cl.600.232 in Schedule 2 for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 16 November 2023, in response to a request to provide evidence of the family relationship between the review applicant and visa applicant, a copy of the Civil Register issued by the Department of Civil Status and Passports of the Hashemite Kingdom of Jordan was provided to the Tribunal. This document indicates the review and visa applicant are brothers. 

4. In light of the new evidence received, the Tribunal is satisfied that the visa applicant is sponsored by a relative within the meaning of that term. On the evidence of department movement records before the Tribunal, it is satisfied that the review applicant is a settled Australian citizen. 

5. Therefore the Tribunal is satisfied cl.600.232 is met and concludes the matter should be remitted for reconsideration.

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

   DECISION

7. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

   ·cl 600.232 of Schedule 2 to the Regulations

   Meena Sripathy
   Member