Fahmy (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding a Parent (Migrant) (Class AX) visa application. The visa applicant, an Egyptian national, sought to migrate to Australia to live with her son, the review applicant, who is an Australian citizen. The core dispute revolved around whether the review applicant, the sponsor, met the criteria of being a "settled" Australian citizen at the time of the visa application and at the time of the Tribunal's decision.

The legal issues before the Tribunal were whether the review applicant was a "settled" Australian citizen, as defined by the Migration Regulations, at the time of his mother's visa application in February 2008, and whether he continued to be settled at the time of the Tribunal's decision. The definition of "settled" in the Regulations requires a person to be lawfully resident in Australia for a reasonable period, a concept that extends beyond mere length of stay and incorporates physical presence coupled with an intention to treat Australia as home.

The Tribunal considered the review applicant's extensive history in Australia, including his arrival in 2005, obtaining citizenship in 2008, establishing a career as a structural engineer with significant financial contributions, raising three Australian-born children, and participating in community and professional organisations. While acknowledging his temporary relocation to Qatar for work between 2013 and 2016, the Tribunal gave considerable weight to evidence demonstrating his continued strong ties to Australia, including maintaining investments, professional memberships, and social connections. The Tribunal found that despite the temporary overseas employment, the review applicant had demonstrated an intention to remain settled in Australia and had re-established a household there.

Consequently, the Tribunal remitted the Parent (Migrant) (Class AX) visa application for reconsideration, directing that the visa applicant met the criteria of clause 103.211 and clause 103.221 of Schedule 2 to the Regulations, finding the review applicant to be a settled Australian citizen.