AHMED (Migration)

[2017] AATA 2571

AHMED (Migration) [2017] AATA 2571 (18 September 2017)

WRITTEN STATEMENT AND DECISION

Division:Migration and Refugee Division

Applicant:Mr Mian Masood Ahmed

Case Number:  1619125

DIBP Reference(s):  CLF2012/3024

Visa Application Refusal:  Partner (Temporary) (Class UK) subclass 820

Member and Place:  Nicholas McGowan (Sydney)

CATCHWORDS
Migration – Partner (Temporary) (Class UK) – Subclass 820 – Public interest criteria – Owed a debt to the Commonwealth

LEGISLATION
Migration Regulations 1994 Schedule 2 820.223(1)(a)

Decision

1. The applicant meets Public Interest Criteria (PIC) 4004 for the purposes of cl.820.223(1)(a).

   Background

2. The visa applicant was refused the temporary visa on public interest grounds as he owed a debt to the Commonwealth and had not paid it, or made ‘appropriate arrangements’ to do so: PIC 4004.

   Reason(s) for the decision

3. The applicant has now made ‘appropriate arrangements’ to pay his debt. Accordingly, the applicant now meets the PIC 4004.

   The findings on material questions of fact

4. On 30 December 2011 the applicant applied for a Partner (Temporary) (Class UK) 820 visa

5. On 3 November 2016 that application was refused on public interest grounds (4004).

6. On 15 November 2016 the applicant lodged a valid appeal of that refusal to this Tribunal.

7. On 12 September 2017 the Department of Immigration confirmed to the Tribunal that the applicant had entered into ‘appropriate arrangements’ to pay his debt.

   Reference to any evidence on which the finds of fact were based

8. The applicant’s visa application (lodged 30 December 2011).

9. The Department of Immigration’s refusal decision (dated 3 November 2016)

10. The applicant’s application for review (lodged 15 November 2016)

11. The applicant’s oral evidence at the Tribunal’s public hearing held 19 January 2017.

12. A copy of a letter from the Department dated 20 May 2017 advising the applicant’s offer to pay his debt had been accepted by the Commonwealth: folio 117-118; and a copy of an ‘Instalment undertaking’ between the applicant and the Commonwealth signed 26 May 2017.

13. An email dated 12 September 2017 from the Department of Immigration (Finance Division) confirming ‘appropriate arrangements’ were entered into by the applicant.

    Statement made 18 September 2017 at 1:01pm