Kaur (Migration)

[2021] AATA 666

Kaur (Migration) [2021] AATA 666 (10 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Sharanjit Kaur
Master Armann Singh

CASE NUMBER:  1922023

DIBP REFERENCE(S):  BCC2019/3167364

MEMBER:Angela Cranston

DATE:10 February 2021

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision under review.           

Statement made on 10 February 2021 at 12.38pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – applicant departed Australia – decision under review affirmed

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 600.411

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 on 22 July 2019 to refuse to grant the visa applicants a Visitor (Class FA) Subclass 600 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicants arrived in Australia and applied for the visa on 20 June 2019. The delegate refused to grant the visas.

3. Under s65(1) a visa may be granted only if the decision maker is satisfied that the prescribed criteria for the visa has been satisfied.

4. So far as is relevant to this matter, r.600.411 states that if the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.   

5. Movement records indicate that the applicants are not in Australia. It appears that they left Australia on 18 November 2019. The Tribunal wrote to the applicants care of their authorised recipient advising that its records showed that they are not in Australia and therefore could not be granted a tourist visa and inviting the applicants to comment on the information. The Tribunal did not receive a response.  

6. The Tribunal is satisfied from the circumstances set out above that the applicants are not in Australia. Therefore, the applicants do not satisfy r.600.411.

   DECISION

7. The Tribunal affirms the decision under review.

   Angela Cranston
   Member