Ayoubi (Migration)

In *Ayoubi (Migration)*, the Administrative Appeals Tribunal considered an application for review of a decision to refuse a subclass 600 (Visitor) visa in the Tourist stream. The applicant sought to challenge the delegate's assessment of whether they genuinely intended to stay temporarily in Australia.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the grant of the visa, specifically concerning their intention to remain in Australia temporarily. This involved assessing the applicant's circumstances and the evidence presented in support of their application.

The Tribunal found that the applicant had a positive migration history, having complied with visa conditions in the past. This history, when considered alongside other factors, led the Tribunal to conclude that the delegate's decision was not the correct or preferable one. Consequently, the Tribunal remitted the decision to the delegate for reconsideration.