Mohammed Ather (Migration)

The applicant sought review of a decision not to grant a Visitor (Class FA) visa, subclass 600. The Administrative Appeals Tribunal (the Tribunal) affirmed the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the visa, specifically clause 600.223, which relates to Schedule 3 requirements. The applicant did not hold a substantive visa at the time of application, meaning Schedule 3 criterion 3001 was engaged.

The Tribunal found that the applicant failed to satisfy clause 600.223. While acknowledging the applicant was a victim of a scam and that the case might meet the Ministerial Intervention Guidelines, the Tribunal was not satisfied that the applicant met the necessary visa criteria. Consequently, the Tribunal affirmed the decision to refuse the visa.