Aidoo (Migration)

[2021] AATA 412

Aidoo (Migration) [2021] AATA 412 (14 January 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Nii Coppoe Aidoo

CASE NUMBER:  2000532

DIBP REFERENCE(S):  BCC2019/6404147

MEMBER:Angela Cranston

DATE:14 January 2021

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for a Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant meets the following criteria for a Subclass 600 (Visitor)(Class FA) visa:

cl. 600.411 of Schedule 2 to the Regulations

Statement made on 14 January 2021 at 12.46pm

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – onshore at the time of grant – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 600.411

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 23 December 2019 to refuse to grant the visa applicant a Visitor (Class FA) Subclass 600 visa under s.65 of the Migration Act 1958 (the Act).

2.    The visa applicant arrived in Australia on 2 October 2018 and applied for the visa on 2 December 2019. He departed Australia on 5 December 2019 and arrived in Australia on 28 December 2019.

3.    The delegate refused to grant the visa on the basis that the applicant did not meet r600.411. That states that if the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.

4.    The Department’s movement records indicate that the applicant arrived in Australia on 28 December 2019 and continues to remain in the country. Therefore, clause 600.411 is now met by the applicant.

DECISION

5.    The Tribunal remits the application for a Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant meets the following criteria for a Subclass 600 (Visitor)(Class FA) visa:

cl. 600.411 of Schedule 2 to the Regulations

Angela Cranston
Member