Bui (Migration)

[2021] AATA 5506

Bui (Migration) [2021] AATA 5506 (9 November 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Thi Van Bui

CASE NUMBER:  2103298

HOME AFFAIRS REFERENCE(S):          BCC2017/639132

MEMBER:Steven Griffiths

DATE:9 November 2021

PLACE OF DECISION:  Adelaide

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 820 visa:

·cl.820.223 of Schedule 2 to the Regulations.

Statement made on 09 November 2021 at 2:10pm

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Spouse) – criminal history statement – certificates from home country and Australia provided to tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), r 2.03AA, Schedule 4, criterion 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 Partner (Temporary) (Class UK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 15 February 2017. The delegate refused to grant the visa on 25 February 2021.

2. The delegate made the decision on the basis that evidence relevant to Public Interest Criterion 4001, as required by regulation 2.03AA under the Migration Regulations 1994 (the Regulations) of a statement from an appropriate authority on any criminal history was not provided to satisfy a criterion for the grant of the visa.

3. On 3 June 2021 the Tribunal received a Certificate of Criminal Records from the Social Republic of Vietnam in the name of the applicant dated 17 May 2021.

4. On 10 July 2021 the Tribunal received a National Police Certificate from the Australian Federal Police in the name of the applicant dated 30 June 2021.

5. 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.

6. 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

7. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 820 visa:

   ·cl.820.223 of Schedule 2 to the Regulations.

   Steven Griffiths
   Member