Tesfaselassie (Migration)

[2019] AATA 5682

Tesfaselassie (Migration) [2019] AATA 5682 (27 November 2019)

DECISION RECORD

DIVISION:  Migration & Refugee Division

REVIEW APPLICANT:  Mrs Feven Girmay Tesfaselassie

VISA APPLICANT:  Ms Aberash Belete Wasihun

CASE NUMBER:  1818579

DIBP REFERENCE(S):  BCC2018/1509677

MEMBER:  Nora Lamont

DATE AND TIME OF

ORAL DECISION AND REASONS:         27 November at 12:41 pm

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 – financial circumstance – 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 2 May 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 wishes for her Aunt to visit her in Australia where she has been living since 1999. Her Aunt raised her as her father was gone due to war as was her mother. She wishes to say thank you to her for taking care of her for all those years.

4. The applicant has been to the USA and Israel and South Africa and has complied with the conditions of her visa, there is no adverse information that the applicant wold not comply with the conditions on her visa.

5. The applicant is retired and gets a pension and also rental income from properties she owns. In addition, her niece will be supporting her while she is in Australia.

6. 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.

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

   DECISION

8. 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 1818579  Page 2 of 2