Shoume (Migration)

[2019] AATA 5681

Shoume (Migration) [2019] AATA 5681 (27 November 2019)

DECISION RECORD

DIVISION:  Migration & Refugee Division

REVIEW APPLICANT:  Ms Sahra Mesoud Shoume

VISA APPLICANT:  Ms Fethia Awel Abdela

CASE NUMBER:  1821275

DIBP REFERENCE(S):  BCC2018/3998717

MEMBER:  Nora Lamont

DATE AND TIME OF

ORAL DECISION AND REASONS:          27 November 2019 at 9:32 am

DATE OF WRITTEN RECORD:                27 November 2019

PLACE OF DECISION:  Melbourne

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – Sponsored Family stream – genuine temporary entrant – travel history – sole care giver to mother in home country – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 18 July 2018 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 27 November 2019 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. The applicant appeared before the Tribunal on 27 November 2019 at 9am. The applicant wishes for her Aunt (who raised her) to visit her in Melbourne and to meet and spend time with her one year old son. Originally the visa applicant was to travel with her mother the review applicant’s grandmother but as her visa was refused her grandmother travelled alone to visit her in Melbourne.

4. As the grandmother has returned to Ethiopia and complied with the conditions on her visa the Tribunal has no adverse information that would lead them to believe that the applicant would not abide by the conditions on her visa and return to Ethiopia.

5. The applicant is the sole care giver of her mother in Ethiopia and will need to return to Ethiopia to resume caring for her mother after a short respite in Australia visiting her sister, niece and the baby.

6. The applicant owns property is highly educated and is a shareholder in a bank in Ethiopia.

7. The applicants have provided the Tribunal with sufficient evidence that the Tribunal is satisfied that the applicant does genuinely intend to stay in Australia temporarily for the purposes of visiting her family.

8. The Tribunal is satisfied that the applicant meets cl. 600.211 of schedule 2 to the regulations.

   DECISION

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

   Nora Lamont
   Member

Case Number 1821275  Page 2 of 2