Merhi (Migration)

[2021] AATA 5416

Merhi (Migration) [2021] AATA 5416 (10 December 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Ms Basma Merhi

VISA APPLICANT:  Mr Saleh Chehade

CASE NUMBER:  1924285

DIBP REFERENCE(S):  

MEMBER:Nora Lamont

DATE AND TIME OF

ORAL DECISION AND REASONS:          at 9:41 am

DATE OF WRITTEN RECORD:                10 December 2021

PLACE OF DECISION:  Melbourne

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – subclass 600 (Visa) –– Sponsored Family stream – visa applicant genuinely intends to stay temporarily in Australia –decision under review remitted

LEGISLATION

Migration Regulations 1994, Schedule 2, cl 600.211

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 20 August 2019 to refuse to grant the visa applicant a Visitor (Class FA) Subclass 600 visa under the Migration Act 1958 (the Act).

2. At the hearing on 10 December 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

3. I am satisfied that the applicant intends a genuine temporary visit to see his sister in Australia and that he intends to return to Lebanon.

4. I find and am satisfied that at the end of his visit prior to the expiry of his visa he will return to Lebanon and comply fully with the conditions on his visa.

5. He is self employed and has a wife and three children in Lebanon which he will return to at the end of his visit to see his sister.

   DECISION

6. The Tribunal remits the application for a Family Sponsored Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant meets the following criteria for a Subclass 600 (Visitor) (Class FA) visa: cl 600.211 of schedule 2 to the Regulations.

   Nora Lamont
   Member