Karbiah (Migration)

[2021] AATA 4422

Karbiah (Migration) [2021] AATA 4422 (12 November 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Bletee Karbiah

VISA APPLICANT:  Mrs Etta Kai Johnson

CASE NUMBER:  2002369

HOME AFFAIRS REFERENCE(S):          BCC2019/5691718

MEMBER:Joseph Lindsay

DATE:12 November 2021

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.600.211 of Schedule 2 to the Regulations

Statement made on 12 November 2021 at 2:34pm

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – genuine temporary entrant – evidence of review applicant’s finances provided – potential impact on review applicant’s future applications if visa applicant does not abide by conditions – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), Schedule 2, cl 600.211

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 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 29 October 2019. The delegate refused to grant the visa on 2 December 2019.

2. The review applicant appeared before the Tribunal on 7 October 2021 to give evidence and present arguments.

3. The Tribunal received evidence that the review applicant was in a strong financial position to ensure that the visa applicant will have sufficient financial resources to pay for any financial requirements, including travel, meals and accommodation for the visa applicant.

4. The review applicant impressed the Tribunal that the visa applicant only intends to visit the review applicant and her family in Australia, and then return to her country of origin. The review applicant is aware that her credibility is at stake and she is aware of the potential impact on any future visa applications should the visa applicant not abide by the conditions of the visa. In the event that the visa applicant chooses not to abide by her visa conditions and, in particular, decides to apply for a permanent visa, the Tribunal does not accept the visa applicant has any genuine fears of returning to her country of origin. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

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

   ·cl.600.211 of Schedule 2 to the Regulations

   Joseph Lindsay
   Member