Budiongo (Migration)

[2025] ARTA 440

BUDIONGO (MIGRATION) [2025] ARTA 440 (20 MARCH 2025)

DECISION AND  

REASONS FOR DECISION

Review Applicant:  Mr Roger Dimasa Budiongo

Visa Applicants:  Ms Scolastic Mbiyavanga Mankulu
Mr Moise Matondo Budiongo

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:  2308230

Tribunal:General Member J Meyer

Place:Melbourne

Date:20 March 2025

Decision:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 309 visa:

·cl 309.222 of Schedule 2 to the Regulations

Statement made on 20 March 2025 at 9:49am

CATCHWORDS

MIGRATION – Partner (Provisional) (Class UF) visa – Subclass 309 (Partner (Provisional)) – criminal history – Police clearance certificates provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 309.222

STATEMENT OF REASONS

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 applicants Partner (Provisional) (Class UF) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 17 October 2021. The delegate refused to grant the visas on 31 May 2023.

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 17 March 2025 the Tribunal received police clearance certificates from The Democratic Republic of the Congo, Malawi and Australia  showing no criminal convictions or outcomes. 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 applicants on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   s. 375A certificate

5. A non- disclosure certificate was present on the departmental file, preventing disclosure of certain folios to protect the privacy of departmental officers. The certificate plays no role in my decision and is not discussed or released to any party.

   DECISION

6. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 309 visa:

   ·cl 309.222 of Schedule 2 to the Regulations