Zakhem (Migration)

[2021] AATA 2223

Zakhem (Migration) [2021] AATA 2223 (31 May 2021)

OUTCOME OF REVIEW

DIVISION:Migration & Refugee Division

REVIEW APPLICANTS:  Mrs Rana Zakhem

VISA APPLICANT:  Mr Ibrahim Zakhem

CASE NUMBER:  2006433

DIBP REFERENCE(S):  BCC2019/5103289

MEMBER:Nora Lamont

DATE OF ORAL DECISION:  31 May 2021

TIME OF ORAL DECISION:   (1:45 pm  time)

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Visitor Visa for reconsideration with the direction that the visa applicant meets the following criteria for a Subclass 600 visa:

·cl. 600.211 of Schedule 2 to the Regulations.

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – genuine temporary entrant – applicant’s previous compliant visits – decision under review remitted  

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 600.211

1. The applicant has travelled to Australia on numerous occasions and complied with the conditions on his visa.

2. There is no adverse information before the Tribunal in which gives rise to the Tribunal that the applicant will not comply with the conditions on their visa and not return to their home country at the expiry of their visa.

3. The visa applicant has only one child remaining who lives in Australia.

4. The Tribunal is satisfied that the applicant genuinely intends to stay in Australia temporarily for the purpose of visiting his daughter and therefore satisfies subclause 600.211 of the Migration Regulations.

5. The Tribunal remits the application for a Visitor Visa for reconsideration with the direction that the visa applicant meets the following criteria for a Subclass 600 visa:

   ·cl. 600.211 of Schedule 2 to the Regulations.