Brazkiewicz (Migration)

[2022] AATA 1956

Brazkiewicz (Migration) [2022] AATA 1956 (7 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Laurina Theresa Brazkiewicz

CASE NUMBER:  2201002

HOME AFFAIRS REFERENCE(S):          BCC2020/2697180

MEMBER:Roslyn Smidt

DATE:7 June 2022

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 600 visa:

·Public interest criterion 4001 cl 600.213(1) Schedule 2 to the Regulations.

Statement made on 7 June 2022 at 3.00 PM

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – evidence of criminal history – German Police Clearance Certificate provided upon review – decision under review remitted         

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 600.213; Schedule 4, Public Interest Criteria 4001

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 Home Affairs to refuse to grant the applicant a Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 24 November 2020. The delegate refused to grant the visa on 7 January 2022.

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 (Cth) (the Regulations).

3. On 5 June 2022 the Tribunal received a copy of German police certificate and English translation. 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.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   DECISION

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

   ·Public interest criterion 4001 in relation cl 600.213(1) of Schedule 2 to the Regulations

   Roslyn Smidt
   Member