Ibrahim (Migration)

[2018] AATA 4913

Ibrahim (Migration) [2018] AATA 4913 (22 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Dr Tunde Maiyaki Ibrahim

VISA APPLICANT:  Mr Tajudeen Maiyaki Ibrahim

CASE NUMBER:  1710700

DIBP REFERENCE(S):  CLF2017/41158

MEMBER:Nicole Burns

DATE:22 October 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

·cl.600.212 of Schedule 2 to the Regulations

Statement made on 22 October 2018 at 2:21pm

CATCHWORDS

MIGRATION –Visitor (Class FA) – Subclass 600 (Visitor) – adequate means of support – recent bank statements provided to the Tribunal – decision under review remitted for reconsideration

PRACTICE AND PROCEDURE – decision made on the papers

LEGISLATION

Migration Act 1958 (Cth), ss 65, 360

Migration Regulations 1994 (Cth), Schedule 2 cl 600.212

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 Immigration to refuse to grant the applicant a Visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 10 October 2016. The delegate refused to grant the visa on 3 May 2017.

2. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

3. The delegate made the decision on the basis that the applicant did not satisfy cl.600.212 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because sufficient evidence of adequate means to support the visa applicant for the duration of his planned visit to Australia was not provided. Specifically cl.600.212 requires that the applicant has:

   (a)adequate means to support himself or herself; or

   (b)access to adequate means to support himself or herself;

   during the period of the applicant’s intended stay in Australia.

4. On 19 May 2017 the Tribunal received from the review applicant (who is the visa applicant’s brother) a letter in which he confirms he will accommodate the visa applicant at his family home in Shepparton; that he will pay for the visa applicant’s return air fare to Australia; and that he will support the visa applicant financially for his four week stay.  To support his contention in this regard the review applicant provided a bank account balance summary for his personal bank account and a registered propriety company.  On 19 October 2018 the review applicant provided updated bank statements which show a balance of AUD326,439 as at 28 September 2018 for the registered propriety company and a balance of AUD15,646 as at 28 September 2018 for the review applicant’s personal account.  In an attached letter provided to the Tribunal the review applicant confirms his commitment to support his brother’s proposed visit to Australia financially and indicated that the trip is now planned for two weeks only: they hope to visit iconic tourist attracts in Melbourne and the Gold Coast.  The Tribunal accepts  his evidence in this regard.

5. On the basis of this evidence including recent bank account statements, the Tribunal is satisfied that the review applicant, who is a physician, has the financial capacity to support his brother’s visit to Australia and the intention to do so. Accordingly the Tribunal is satisfied that the visa applicant has access to adequate means to support himself during the period of his intended stay in Australia of two weeks as required by cl.600.212(b). He therefore satisfies cl.600.212. The matter should be remitted for reconsideration.

   DECISION

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

   ·cl.600.212 of Schedule 2 to the Regulations

   Nicole Burns
   Member