Mohamed Rafa'ee (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600 (Visitor), Tourist stream. The applicant, Mohamed Rafa'ee, sought to have set aside a decision not to grant the visa. The decision was reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 600.411 of Schedule 2 to the Migration Regulations 1994. This clause requires that an applicant who was in Australia at the time of making their visa application must also be in Australia at the time the visa is granted.

The Tribunal found that the applicant had made her application for the visa while in Australia. However, departmental movement records indicated that the applicant had departed Australia on a Bridging visa A after her previous Visitor visa had ceased. The Tribunal provided the applicant with an opportunity to comment on this information, but no response was received. Based on the movement records, the Tribunal concluded that the applicant was not in Australia and was unlikely to return. Consequently, the Tribunal determined that the applicant failed to satisfy clause 600.411 and therefore could not be granted the visa.

The Tribunal affirmed the decision not to grant the Visitor visa to the applicant.