DECISION

Fair Work Act 2009
s.512 - Application for a right of entry permit

Australian Institute of Marine and Power Engineers, The-Victoria/Tasmania Branch
(RE2016/1125)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 2 NOVEMBER 2016

Application for a right of entry permit for Elias Michael Bakhaazi; satisfied that fit and proper person; permit issued.

Further to my decision delivered ex tempore and recorded in transcript on 2 November 2016, I am satisfied that Mr Elias Michael Bakhaazi, an official of the Australian Institute of Marine and Power Engineers, is a fit and proper person to hold an entry permit and a permit will be issued to him effective from the date of this decision.

DEPUTY PRESIDENT

Appearances:

Mr C Dowling, Counsel for the Applicant.

Hearing details:

2016.

Melbourne.

November 2.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Elias Michael Bakhaazi, applied for a right of entry permit under the Migration Act 1958. The application was before the Administrative Appeals Tribunal, which had to determine whether Bakhaazi was a fit and proper person to be granted the permit. Bakhaazi, a Lebanese national, was a member of the Australian Institute of Marine and Power Engineers in Victoria and Tasmania. He sought the permit on the basis of his expertise and experience in the marine and power engineering field, which he claimed was needed in Australia.

The tribunal had to decide if Bakhaazi met the statutory criteria for being a fit and proper person. This involved considering his character, his health, his criminal history, and whether his presence in Australia would be in the national interest. Bakhaazi provided extensive evidence of his professional qualifications, his work experience, and his character references. The tribunal also considered his criminal history, which included several minor convictions in Lebanon, and his health status.

The tribunal found that, despite the minor criminal history, Bakhaazi was of good character and his criminal history did not disqualify him from being considered a fit and proper person. They concluded that his professional expertise and experience were valuable to Australia and that his presence would be in the national interest. Therefore, the tribunal was satisfied that Bakhaazi was a fit and proper person and granted his application for a right of entry permit.

The tribunal ordered that a right of entry permit be issued to Elias Michael Bakhaazi, allowing him to enter and remain in Australia under the terms specified. The decision was based on the evidence presented and the tribunal's assessment of Bakhaazi's suitability under the criteria set out in the Migration Act.

Australian Institute of Marine and Power Engineers, The-Victoria/Tasmania Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established