Biu (Migration)

[2018] AATA 735

Biu (Migration) [2018] AATA 735 (12 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Emele Taivei Biu

CASE NUMBER:  1703566

DIBP REFERENCE(S):  CLF2007/90851

MEMBER:Helena Claringbold

DATE:12 March 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 804 visa:

·cl.804.226 of Schedule 2 to the Regulations.

Statement made on 12 March 2018 at 3:51pm

CATCHWORDS
Migration – Aged Parent (Residence) (Class BP) visa – Subclass 804 (Aged Parent) – Requirement to provide evidence of criminal history – Evidence not previously provided – Evidence subsequently provided

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 804.226

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 to refuse to grant the applicant a Aged Parent (Residence) (Class BP) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 5 June 2007. The delegate refused to grant the visa on 15 February 2017.

2. The delegate made the decision on the basis that evidence of criminal history was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 9 March 2018, the Tribunal received Australian National Police Certificate dated 1 March 2018 for the applicant. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 804 visa:

   ·cl.804.226 of Schedule 2 to the Regulations

   Helena Claringbold
   Member