Lawaia (Migration)
[2021] AATA 3780
•31 August 2021
Lawaia (Migration) [2021] AATA 3780 (31 August 2021)
DECISION RECORD
DIVISION:Migration & Refugee Division
REVIEW APPLICANT: Mrs Youstina Refaat Frank Hanna Lawaia
VISA APPLICANT: Mrs Tahany Morcos Ibrahim Morcos
CASE NUMBER: 1927512
DIBP REFERENCE(S):
MEMBER:Nora Lamont
DATE AND TIME OF
ORAL DECISION AND REASONS: 31 August 2021 at 12:34 pm (VIC time)
DATE OF WRITTEN RECORD: 6 September 2021
PLACE OF DECISION: Melbourne
DECISION:The Tribunal remits the decision under review with the direction that the applicant meets 600.211 of the Migration Regulations.
CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – genuine temporary entrant – applicant’s visiting children and grandchildren – decision under review remitted
LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 600.211APPLICATION FOR REVIEW
This is an application for review of a decision made by a delegate of the Minister for Immigration on 24 September 2019 to refuse to grant the visa applicant a Visitor (Class FA) Subclass 600 visa under the Migration Act 1958 (the Act).
At the hearing on 31 August 2021 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.
STATEMENT OF DECISION AND REASONS
The Tribunal believes that visiting children and grandchildren is a valid reason for the visa.
The Tribunal is satisfied that the applicant intends a genuine temporary stay in Australia.
DECISION
The Tribunal remits the decision under review with the direction that the applicant meets 600.211 of the Migration Regulations.
Nora Lamont
Member
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Judicial Review
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Natural Justice
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Procedural Fairness
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Statutory Construction
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