Boutros (Migration)

This matter concerned an application for review of a decision to refuse a Resolution of Status (ROS) visa (Subclass 851) made by the Administrative Appeals Tribunal. The applicants, Rimon Khazen Boutros, Mtanios Boutros, and Eid Khazen Betros/Boutros, sought review of the refusal of their applications for both temporary (Subclass 850) and permanent (Subclass 851) ROS visas. The Tribunal noted that the applicants appeared to have applied for review of the permanent visa only, despite never having held the temporary visa, which could preclude them from meeting the requirements for the permanent visa.

The primary legal issues before the Tribunal were whether the applicants met the criteria for the grant of the Subclass 850 and 851 ROS visas. Specifically, the Tribunal had to determine if the applicants satisfied the requirements of clauses 850.211, 850.212, and 850.213 of the Migration Regulations. These clauses relate to the applicants' presence in Australia on or before specific dates, their entry into Australia, and their usual residence in their country of citizenship at the time of entry.

The Tribunal found that the applicants did not meet the criteria under clause 850.211, as they did not meet the specified conditions regarding their presence in Australia on 1 September 1994 and their visa status prior to that date. Furthermore, the Tribunal determined that the applicants failed to satisfy clause 850.212, as their entry into Australia occurred after the dates specified for their respective countries of origin. The Tribunal also noted the applicants' long residence in Australia, their employment in skilled trades, their integration into the community, and the difficult political and security situation in their home country, as well as the poor health of their elderly mother. However, these factors did not overcome the failure to meet the specific legislative criteria for the visas.

The Tribunal concluded that the decision under review should be affirmed. The applicants failed to meet the essential eligibility requirements for the Resolution of Status visas as prescribed by the Migration Regulations.