Byrne (Migration)

This matter concerned a review of a decision to refuse a Visitor (Class FA) visa, Subclass 600, to Mr Joel Cadano. The applicant sought to challenge the refusal, and a related application for review concerning Ms Neydie Cadano had been withdrawn. The review was heard by Member Nathan Goetz of the Tribunal.

The Tribunal was required to determine two primary issues. Firstly, whether Mr Cadano satisfied clause 600.211 of Schedule 2 to the Regulations, which pertains to the genuine temporary entrant requirement. Secondly, the Tribunal needed to ascertain whether it possessed jurisdiction to review the decision made in respect of Ms Neydie Cadano.

The Tribunal considered the evidence presented, including the visa application and oral testimony. It found that the applicant's assertion of remaining in the Philippines and living with his wife was not undermined by any evidence. The Tribunal also noted the applicant's stated intention to visit Australia for tourism and to see family, and his desire to travel in September 2024 for one month. Crucially, the Tribunal determined that as the review application in respect of Ms Neydie Cadano had been withdrawn, it lacked jurisdiction to review the decision concerning her visa application. Regarding Mr Cadano's application, the Tribunal found that the applicant satisfied clause 600.211 of Schedule 2 to the Regulations.

Consequently, the Tribunal set aside the decision to refuse Mr Cadano a Visitor (Class FA) visa and remitted the application back to the delegate for reconsideration, with a direction that he satisfies clause 600.211. The Tribunal confirmed it had no jurisdiction to review the decision concerning Ms Neydie Cadano.