Darghouth Moghrabi (Migration)

Case

[2023] AATA 870

22 February 2023


Darghouth Moghrabi (Migration) [2023] AATA 870 (22 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Mohamad Najib Darghouth Moghrabi

VISA APPLICANT:  Mr Ahmed Khalouk Darghouth Moghrabi

CASE NUMBER:  2211284

HOME AFFAIRS REFERENCE(S):          BCC2022/761026

MEMBER:Michael Ison

DATE:22 February 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision not to grant the visa applicant a Visitor (Class FA) visa.

Statement made on 22 February 2023 at 4:48pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – genuine temporary entrant – strong employment, economic, family commitments in home country – property ownership – adequate means of support – political and economic crisis in Lebanon – pension eligibility after retirement age – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 5(1), 65
Migration Regulations 1994, Schedule 2, cls 600.211, 600.212, 600.221, 600.222, 600.611; Schedule 8

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 378 of the Migration Act 1958 and replaced with generic information.

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 on 31 July 2022 to refuse to grant the visa applicant a Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act).

    Background

  2. The visa applicant is Mr Ahmed Khalouk Darghouth Moghrabi who is 66 years old and is a national of Lebanon. Mr Darghouth Moghrabi is referred to as the visa applicant in these reasons for decision.

  3. As the visa applicant remains in Lebanon at the time of this decision, his son Mr Mohamad Najib Darghouth Moghrabi made application to the Tribunal to review the primary decision. Mr Mohamad Darghouth Moghrabi is referred to as the review applicant in these reasons for decision.

  4. The visa applicant first arrived in Australia on 14 July 2017 as the holder of a Visitor (Class FA) (Subclass 600) visa.  The visa applicant returned to Lebanon on 12 August 2017 in compliance with his Visitor visa.

  5. On 3 June 2019 the visa applicant was granted a second Visitor visa and entered Australia on 5 July 2019. The visa applicant returned to Lebanon on 16 August 2019, again in compliance with his Visitor visa. 

  6. On 25 March 2022 the visa applicant applied offshore for a third Subclass 600 Visitor visa. That application was refused by a delegate of the Minister on 31 July 2022. It is the refusal to grant the visa applicant a third Visitor visa that is the subject of this review.

  7. In the Visitor visa application form, the visa applicant claimed that he and his wife, Mrs Amira Al Mourabi, who applied separately for her own Visitor visa, intend to visit their son and his partner, Ms Sophie Woolley, to celebrate the then pending birth of their first grandchild. Ms Woolley was due to give birth in August 2022.

  8. Mrs Al Mourabi’s application for her own Visitor visa was also refused on 31 July 2022. When the review applicant applied to the Tribunal to review the decision of a delegate of the Minister to refuse the visa application for the visa applicant, the review applicant also applied to the Tribunal for Mrs Al Mourabi. The application for review on behalf of Mrs Al Mourabi is known as Tribunal review number 2211026.

  9. In the Visitor visa application form, the visa applicant claimed that the review applicant will provide accommodation and financial support to the visa applicant and his wife (the review applicant’s mother) while they stay in Australia.

  10. The review applicant, who is 38 years old, first arrived in Australia on 11 May 2013 as the holder of a Student (Class TU) (Subclass 573) visa that was valid to 23 July 2014.

  11. On 23 July 2014 the review applicant was granted a further Subclass 573 visa that was valid to 15 September 2015.

  12. On 6 September 2016 the review applicant was granted a Skilled Independent (Class SI) (Subclass 189) visa.  He is now a national of Australia, having acquired Australian citizenship on 16 May 2019.

    The primary decision of a delegate of the Minister

  13. The review applicant provided the Tribunal with a copy of the primary decision.

  14. The visa applicant applied for the visa on 25 March 2022. At the time the visa application was lodged, Class FA contained one subclass, Subclass 600 (Visitor), with a number of different streams. In this case the visa applicant applied for the visa seeking to satisfy the primary criteria in the Tourist stream.

  15. The criteria for a Subclass 600 visa are set out in Part 600 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). Relevantly to this case, they include cl 600.211, which requires the visa applicant to satisfy the Minister that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

  16. The delegate refused to grant the visa on the basis that the visa applicant did not meet cl 600.211 because the delegate found the visa applicant did not demonstrate sufficiently strong employment, economic, family or other commitments in Lebanon that would be sufficient incentive for the visa applicant to return to Lebanon and therefore was not satisfied the visa applicant genuinely intends to stay in Australia temporarily.

    The Tribunal hearing: combined hearing with the related case 2211026 Mrs Al Mourabi

  17. On 17 October 2022 the review applicant advised the Tribunal in writing that having a combined hearing is acceptable to the review applicant and each of his parents as the visa applicant in this review and visa applicant in related Tribunal review 2211026.

  18. The review applicant appeared before the Tribunal on 6 February 2023 to give evidence and present arguments, by video from within Australia. The visa applicant and Mrs Al Maroubi participated in the hearing also by video from Lebanon and all three gave oral evidence to the Tribunal.

  19. The Tribunal hearing was conducted with the assistance of an interpreter in the Arabic (Lebanese) and English languages. 

  20. The Tribunal was satisfied the review and visa applicants, Mrs Al Mourabi, the interpreter, and the Tribunal could satisfactorily see, hear and understand each other throughout the hearing. The Tribunal is satisfied that the review and visa applicants were given a fair opportunity to give evidence and present arguments to the Tribunal.

  21. At the commencement of the Tribunal hearing the Tribunal explained the role of the interpreter as an aid to communication and asked the visa applicant whether he could understand the interpreter and had any objection to the use of the interpreter retained by the Tribunal. The visa applicant indicated he could understand the interpreter and had no objection to the interpreter retained by the Tribunal. The Tribunal explained to the review and visa applicants the determinative issues before the Tribunal, the Tribunal’s role and how the hearing would proceed including that the Tribunal is independent of the Department and is not bound by the delegate’s primary decision.

    Pre-hearing submissions

  22. The Tribunal received the following submissions on behalf of the visa applicant prior to the Tribunal hearing, with the main, but not all, documents attached to each submission noted:

    1 and 2 August 2022

    ·one-page written statement from the review applicant dated 31 July 2022.

    2 August 2022

    ·a request for fee reduction form from the review applicant, dated 2 August 2022;

    ·a payslip for the review applicant issued by DuluxGroup (Australia) Pty Ltd, for the period 1 to 31 July 2022;

    ·a confirmation letter dated 2 August 2022 from the Commonwealth Bank in relation to the balance of the review applicant’s first bank account as at the close of business on 1 August 2022;

    ·a confirmation letter dated 2 August 2022 from Commonwealth Bank in relation to the balance of the review applicant’s second account as at close of business on 1 August 2022; and

    ·a bank statement for the review applicant’s Mastercard Gold account from the Commonwealth Bank, for the period 4 July 2022 to 1 August 2022, dated 2 August 2022;

    ·a bank statement for the review applicant’s Complete Access account from the Commonwealth Bank, for the period 1 to 31 July 2022, dated 2 August 2022.

    5 August 2022

    ·bank statements in Lebanese Pounds for the visa applicant’s BYBLOS Bank account, for the period of 4 January 2022 to 1 August 2022, dated 1 August 2022; and

    ·a bank statement in United States dollars for a joint account of the visa applicant and Mrs Al Mourabi, issued by BLOM Bank from its Beirut branch, dated 3 August 2022.

    26 January 2023

    ·a two-page written statement from the review applicant, dated 26 January 2023;

    ·a bank statement in Lebanese Pounds for the visa applicant’s BYBLOS Bank account, for the period 2 June 2022 to 16 January 2023, dated 16 January 2023;

    ·a payslip for the review applicant issued by DuluxGroup (Australia) Pty Ltd, for the period of 1 to 30 November 2022;

    ·a payslip for the review applicant issued by DuluxGroup (Australia) Pty Ltd, for the period of 1 to 31 December 2022;

    ·a payslip for the review applicant issued by DuluxGroup (Australia) Pty Ltd, for the period of 1 to 31 January 2023;

    ·a bank statement for the review applicant’s NetBank Saver account from the Commonwealth Bank, for the period of 12 October 2022 to 11 January 2023, dated 11 January 2023;

    ·a bank statement for the review applicant’s Complete Access account from the Commonwealth Bank, for the period of 12 October 2022 to 11 January 2023, dated 11 January 2023;

    ·translated and copy of original statement of monthly wage and other allowances for Mrs Al Mourabi, issued by the Division of Accounting, Ministry of Education & Superior Instruction, Republic of Lebanon, dated 7 December 2022;

    ·translated and copy of original statement of employment for Mrs Al Mourabi, issued by the Division of Employees, Ministry of Education and Higher Instruction, Department of Common Administration, Republic of Lebanon, dated 7 December 2022;

    ·translated and copy of original work benefit statement for Mrs Al Mourabi, issued by the General Directorate, Cooperative of State Officers, Republic of Lebanon, dated 5 August 2022;

    ·a statement of account in United States dollars for an account in the name of Mrs Al Mourabi, issued by BLOM Bank, Beirut, dated 3 August 2022;

    ·bank statements in Lebanese pounds for an account in the name of Mrs Al Mourabi, issued by BLOM Bank, Beirut, for the period 1 January 2022 to 5 January 2023, dated 19 January 2023; 

    ·a statement of monthly expenses of the review applicant’s own family in Australia, dated 26 January 2023;

    ·translated and copy of the original title deed issued to Mrs Al Mourabi, from the Secretary of the Estate Department of Tripoli, Lebanon on 20 February 2014; and

    ·a family tree showing the visa applicant, Mrs Al Mourabi, their children, their children’s partners and including the review applicant’s son (the visa applicant’s grandson) by family grouping and identifying their current countries of residence.

  23. The Tribunal confirmed with the applicants at the commencement of the Tribunal hearing that these were all of the submissions provided to the Tribunal.

  24. The Tribunal also engaged in other correspondence with the applicants in relation to administrative matters associated with this review.

    Tribunal decision

  25. The Tribunal has had regard to the oral evidence of the review applicant, the visa applicant and Mrs Al Mourabi, all of the information in the oral and written submissions provided to the Tribunal on the visa applicant’s behalf and to the information in the Tribunal’s file and the Department’s file provided to the Tribunal. The Department’s file included a copy of the visa applicant’s application for the Visitor visa, the documents provided to the Department in support of that application and copies of communications between the Department and the visa applicant.

  26. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

    CONSIDERATION OF CLAIMS AND EVIDENCE

  27. The issue in this case is whether cl 600.211 is met, which requires the Tribunal to be satisfied that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to whether the visa applicant has complied substantially with the conditions to which the last substantive visa held by the visa applicant was subject; whether the visa applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and any other relevant matter.

  28. In the present case, the visa applicant seeks the visa for the purposes of travelling to Australia with his wife, Mrs Al Mourabi, to meet their grandson in Australia in person for the first time and to see and stay with their son and Ms Woolley. This is a purpose for which a visa in the Tourist stream may be granted: cl 600.221 and cl 600.222.

  29. In considering whether a visa applicant genuinely intends to stay temporarily in Australia for this purpose, the Tribunal must consider whether he or she has complied substantially with the conditions of the last substantive visa held: cl 600.211(a).

  30. The visa applicant held Visitor visas in 2017 and 2019. Both of these Visitor visas had conditions 8101 (no work) and 8201 (study limitation) from Schedule 8 to the Regulations attached. There is no evidence before the Tribunal that the visa applicant was found to have breached either of these conditions when the holder of a Visitor visa either in 2017 or 2019. The Tribunal finds that the visa applicant meets the requirements of cl 600.211(a).

  31. The Tribunal must also consider whether the visa applicant intends to comply with the conditions to which the Subclass 600 visa would be subject: cl 600.211(b). The conditions that can be applied to a Visitor visa are set out in cl 600.6 of Schedule 2. In this case the visa applicant has applied for a Visitor visa in the Tourist stream and so is not sponsored and has not arrived in Australia. This means clauses 600.611(2) and (4) do not apply. Clause 600.611(3) provides in such circumstances conditions 8101 (no work) and 8201 (study limitation) must be imposed and conditions 8501 (maintain adequate health insurance), 8503 (not entitled after the visa holder has entered Australia to be granted a substantive visa other than a protection visa) and 8558 (holder must not stay in Australia for more than 12 months in any 18-month period) may be imposed. In the visa applicant’s circumstances conditions 8101 and 8201 must be imposed and the Tribunal considers it reasonable to also impose conditions 8501 and 8503.

  32. The review applicant, visa applicant and Mrs Al Mourabi each provided extensive financial information including bank account statements, a property title certificate and for the review applicant several and for Mrs Al Mourabi one, pay certificate. Without disclosing the personal financial affairs of each, the Tribunal is satisfied from the evidence provided that the visa applicant (and Mrs Al Mourabi) has the means to support himself without working for the duration of his intended stay in Australia and the review applicant has the financial means and physical resources to support his parents with accommodation, food, transport and financial support during their intended stay in Australia.

  33. During her oral evidence Mrs Al Mourabi told the Tribunal that she had suffered a stroke on her heart two years ago as a result of becoming infected with COVID-19 and the visa applicant has had cancer on his bladder for approximately eight years, which was operated on at the time and the visa applicant now has a good prognosis. This evidence is the main reason the Tribunal views it as necessary to attach condition 8501 to any Visitor visa granted to the visa applicant. The financial evidence provided to the Tribunal satisfies the Tribunal that the visa applicant will be able to afford to purchase adequate health insurance.

  34. For these reasons the Tribunal finds the visa applicant intends to comply with the conditions to which the Subclass 600 visa would be subject and therefore meets the requirements of cl 600.211(b) of Schedule 2 to the Regulations.

  35. The Tribunal also finds the visa applicant has adequate means to support himself and has access to adequate support from the review applicant during the period of the visa applicant’s intended stay in Australia and therefore meets the requirements of cl 600.212 of Schedule 2 to the Regulations.

  36. The Tribunal has also considered all other relevant matters (cl 600.211(c)). The collective evidence of the visa applicant, Mrs Al Mourabi and the review applicant is:

    ·The review applicant came to Australia in 2013, was granted Australian citizenship in 2019 and with his de facto partner, Ms Woolley, had their first child, a son, named in part after the visa applicant, in September 2022;

    ·The visa applicant and Mrs Al Mourabi each hold citizenship of both Lebanon and Turkey;

    ·The visa applicant and Mrs Al Mourabi have visited the review applicant in Australia having been granted Visitor visas in 2017 and 2019;

    ·During the 2017 and 2019 visits the visa applicant and Mrs Al Mourabi stayed with the review applicant and complied with all conditions attached to their Visitor visas;

    ·The visa applicant and Mrs Al Mourabi have not met their grandson, their first and to date only grandchild and have not seen the review applicant, for nearly four years;

    ·The visa applicant and Mrs Al Mourabi intend to stay with their son and his family in Australia for eight to 12 weeks if granted Visitor visas;

    ·The visa applicant and Mrs Al Mourabi have strong ties to Lebanon where the visa applicant receives a pension having been a high-ranking officer in the military, some benefits of which can only be used in Lebanon such as free petrol and healthcare;

    ·Mrs Al Mourabi is the principal of a secondary school with over 800 students and 65 staff and at 61 years of age is only three years from retirement at age 64, at which time she will become eligible to receive a retirement payment and pension;

    ·If Mrs Al Mourabi does not return to Lebanon she will lose her eligibility for her retirement payment and pension;

    ·The visa applicant and Mrs Al Mourabi have another son, Mr Tarek Darghouth Moghrabi, who is married but without children, and lives in Beirut, Lebanon;

    ·Mrs Al Mourabi wishes to travel now to Australia while she and her husband are both well and strong enough to do so;

    ·Despite the ongoing economic and other challenges in Lebanon, the visa applicant and Mrs Al Mourabi are comfortably off financially and are able to purchase all they need to live comfortably in Tripoli, Lebanon;

    ·Ms Woolley is currently on maternity leave and planned to return to work as an optometrists’ assistant when their son is six to eight months old and would benefit from the short-term support of the review applicant’s parents to do so. If the review applicant’s parents are not granted Visitor visas then Ms Woolley may have to delay her return to work as it is quite demanding caring for an infant;

    ·Ms Woolley has two brothers who live in Sunshine and Hilldeane but each have their own partners and can offer only limited support;

    ·The visa applicant, Mrs Al Mourabi and the review applicant each told the Tribunal the significant emotional impact it would have on each of them and their families overall if the visa applicant and Mrs Al Mourabi are not granted Visitor visas; and

    ·The review applicant and Ms Woolley plan to visit the review applicant’s parents and family in Lebanon, but not until their son is at least 12 months of age and has had all relevant vaccinations.

  1. The Tribunal accepts the evidence of the visa applicant, Mrs Al Mourabi and the review applicant in relation to their personal and financial circumstances, the visa applicant’s migration history in Australia and the purpose of his intended third visit to Australia.

  2. The review applicant submitted in his written statement dated 26 January 2023:

    The socio economic situation in Lebanon is challenging so the rest of the world. All countries suffering inflation including here in Australia; the only difference is that less developed economies get impacted harder than wealthy developed nations.

    The pandemic disrupted some of the major sources of income in Lebanon such as tourism and food/fresh produce exports – this inflicted hyperinflation managed by a corrupt government and a world scale crisis. Citizens of Lebanon woke up one day to the news that the country money reserve is going low and banks decided to take hold and freeze US Dollars (USD) depositors. The local currency lost its value since it was pegged to USD. Imported goods got more expensive because it’s traded with USD.

    The Lebanese economy is currently recovering and political reforms & elections are happening to support its hard working citizens. The local currency can secure locally produced goods and services at a good price to value ratio but the only challenge lies around imported USD priced consumables including gas and fuel. The depositors are negotiating a plan to withdraw their USD savings in a dripped manner on a schedule so the reserve bank of Lebanon doesn’t go bankrupt.

  3. The ongoing difficulties in Lebanon were reinforced during the Tribunal hearing when electricity to the home of the visa applicant and Mrs Al Mourabi was cut and they continued to participate in the hearing with portable light, although the quality and continuity of their internet-based video connection was not affected.

  4. The Tribunal read to the review applicant the latest travel advisory information for Lebanon posted by the United States and British governments:

    Lebanon is experiencing chronic electricity and fuel shortages. Most areas have only a few hours of government-provided electricity each day. Long lines at gas stations are common and cause traffic congestion throughout the country.Lebanese media periodically report physical and armed altercations at gas stations over scarce supplies.  Disruptions to the mobile telephone network, internet service, health services, and water may occur due electricity outages. A shortage of hard currency has restricted bank depositors’ ability to withdraw their money as well as the country’s ability to import many goods. Pharmacies and hospitals report chronic shortages of medicines and medical equipment and difficulties paying medical staff. (United States Department of State travel advisory, updated on 1 February 2023)

    Lebanon is experiencing a prolonged and severe economic crisis. The situation is unpredictable and could deteriorate without warning. …
    Basic commodities (fuel, medicines, food) are available but may be expensive or difficult to obtain. Electricity in Lebanon is also limited. The availability and quality of medical treatment is affected by the economic crisis and fuel shortages. (United Kingdom Foreign, Commonwealth & Development Office travel advice, retrieved 6 February 2023)

  5. The review applicant responded to this publicly available information that his parents are well-established in Lebanon and even during the hard times of the socio and economic situation in Lebanon they have been able to procure all the missing goods and commodities they need to live a decent and comfortable life there.

  6. The Tribunal separately asked the visa applicant and Mrs Al Mourabi to respond to the observation that the economic and overall situation in Lebanon is so bad for some people in Lebanon that applicants for Visitor visas from Lebanon may prefer to stay in Australia rather than return to Lebanon. The visa applicant responded to the Tribunal’s observation that his wife and he cannot separate from Lebanon at all, he has to deal with the administration and paperwork from Lebanon with Lebanon only and cannot leave Lebanon. Mrs Al Mourabi responded to the Tribunal’s observation that of course the visa applicant and she will return to Lebanon because if she does not return and work her last three years before reaching retirement age, she will lose her retirement and pension eligibility.

  7. In the context of the ongoing overall situation in Lebanon, based on the publicly available sources of information referred to above, the Tribunal was not convinced by the evidence of the visa applicant, Mrs Al Mourabi or the review applicant that the visa applicant will stay temporarily in Australia if granted a Visitor visa. The Tribunal accepts that there are some meaningful incentives for the visa applicant to return to Lebanon including the presence of his second son and his son’s wife and returning to his own home and community.

  8. The Tribunal is not convinced access to the visa applicant’s pension fund provides meaningful incentive for him to return to Lebanon. The visa applicant gave evidence, which the Tribunal accepts, that he will receive his pension for life and if he pre-deceases his wife then she will receive 80% of that pension for her life, but they need to be in Lebanon to access the pension funds which are paid into his bank account in Lebanese Pounds.

  9. The review applicant provided the Tribunal with bank statements for the visa applicant’s Lebanese bank account into which his pension is paid. The most recent statement provided to the Tribunal covers the period 2 June 2022 to 16 January 2023. Each deposit of the visa applicant’s pension is underlined and converted to Australian dollars. All conversions of currency used in these reasons adopt the conversion rate used by the review applicant. In the seven months covered by the statement, there are 16 deposits shown as payments of pension. These deposits total AUD[amount] which is a modest pension by Australian standards.

  10. The Tribunal was also not convinced that Mrs Al Mourabi’s job and pending retirement entitlements provide significant incentive for the visa applicant (and Mrs Al Mourabi) to return to Lebanon. The review applicant provided the Tribunal with a bank statement for Mrs Al Mourabi’s Lebanese bank account into which her salary is paid in Lebanese Pounds. The statement covered the period 4 January 2022 to 31 December 2022. Each payment of salary was underlined and converted to Australian dollars. In the just short of 12 months covered by the statement, there are 22 deposits highlighted as payments of salary. In that period Mrs Al Mourabi received a total of AUD[amount] in salary.

  11. This assessment is consistent with Mrs Al Mourabi’s monthly salary certificate dated 7 December 2022. The Tribunal was given a copy of the original certificate and a certified translation into English. Mrs Al Mourabi’s gross salary for that month was LBP[amount]. This converts to AUD[amount]. Based on the financial information provided to the Tribunal by the review applicant, Mrs Al Mourabi’s income is very modest by Australian standards.

  12. The Tribunal was also not convinced the visa applicant’s pension entitlements which can only be accessed from within Lebanon provide significant incentive for the visa applicant (and Mrs Al Mourabi) to return to Lebanon. These pension entitlements include free petrol and health care, both of which according to the publicly available information the Tribunal shared with the review and visa applicants, are reported to have been significantly adversely impacted by the effects of the overall economic and social situation in Lebanon.

  13. The Tribunal’s findings are not a rejection by the Tribunal of the evidence of the review applicant that his parents have a comfortable life in Lebanon. The Tribunal accepts that the visa applicant (and Mrs Al Mourabi) has the financial resources and means to live comfortably within the standard of living that Lebanon can offer.

  14. The Tribunal remains concerned however, that the incentives for the visa applicant to remain in Australia if granted a Visitor visa outweigh the incentives for the visa applicant to return to Lebanon. In Australia, the visa applicant (with Mrs Al Mourabi) will be able live with his son and Ms Woolley and contribute to the care and raising of his only grandchild. In Australia the visa applicant will also live in an economically and socially more stable country with a significantly higher standard of living than presently available in Lebanon, including but not limited to the comparatively more stable delivery of utility services and availability of goods and services such as petrol and high-quality health care.

  15. For these reasons, the Tribunal does not accept the visa applicant’s evidence that he genuinely intends to stay temporarily in Australia for the purpose for which the Visitor visa would be granted.

    Conclusion

  16. For the above reasons the Tribunal is not satisfied that the visa applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted and finds that the requirements of cl 600.211 of Schedule 2 to the Regulations are not met.

    DECISION

  17. The Tribunal affirms the decision not to grant the visa applicant a Visitor (Class FA) visa.

    Michael Ison
    Senior Member


Areas of Law

  • Immigration

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Jurisdiction

  • Statutory Construction

  • Appeal

  • Natural Justice

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