Zahran (Migration)

The Federal Circuit and Family Court of Australia considered an application for review of a decision made under the *Migration Act 1958* (Cth) concerning a Visitor (Class FA) visa, subclass 600 (Visitor), Sponsored Family stream. The applicant, Ms. Zahran, sought to challenge the delegate's refusal to grant her the visa.

The primary legal issue before the Court was whether the delegate had erred in finding that Ms. Zahran was not a genuine temporary entrant. This required the Court to assess whether Ms. Zahran had established sufficient personal, employment, and cultural ties to her home country of Lebanon, such that she would be compelled to return at the end of her proposed visit to Australia. The Court also had to consider any inconsistencies in the evidence provided by Ms. Zahran in her visa application and during the review process.

Her Honour, Justice Moustafine, found that there were inconsistencies in the evidence presented by Ms. Zahran. However, upon a holistic assessment of the material, the Court determined that Ms. Zahran had demonstrated sufficient personal, employment, and cultural ties to Lebanon. Consequently, the Court concluded that the delegate's decision was affected by an error of law. The decision under review was therefore remitted to the Department of Home Affairs for reconsideration according to law.