Bui (Migration)

[2018] AATA 5301

Bui (Migration) [2018] AATA 5301 (16 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Thao Thu Thi Bui

CASE NUMBER:  1828910

DIBP REFERENCE(S):  BCC2017/4264043

MEMBER:Adrienne Millbank

DATE:16 November 2018

PLACE OF DECISION:  Brisbane

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(1)(a) of Schedule 2 to the Regulations.

Statement made on 16 November 2018 at 11:48am

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – evidence of criminal history – AFP National Police Certificate received by the Tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 820.223

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 Partner (Temporary) (Class UK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 14 November 2017. The Delegate refused to grant the visa on 1 October 2018.

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 3 October 2018 the Tribunal received a copy of the applicant’s National Police Certificate, issued by the Australian Federal Police on 13 September 2018. 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 820 visa:

   ·cl.820.223(1)(a) of Schedule 2 to the Regulations

   Adrienne Millbank
   Member