Chan (Migration)

[2022] AATA 178

Chan (Migration) [2022] AATA 178 (28 January 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Ms Suk Yin Chan

VISA APPLICANT:  Mr Chun Ming Tsang

CASE NUMBER:  1832250

HOME AFFAIRS REFERENCE(S):          BCC2018/123823

MEMBER:Stephen Conwell

DATE:28 January 2022

PLACE OF DECISION:  Melbourne

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

·cl. 309.213 of Schedule 2 to the Regulations

Statement made on 28 January 2022 at 1:50pm

CATCHWORDS
MIGRATION – Partner (Migrant) (Class BC) visa – Subclass 100 (Partner) – required form provided to tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cl 309.213

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 (Migrant) (Class BC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 9 January 2018. The delegate refused to grant the visa on 18 September 2018.

2. The delegate made the decision on the basis that evidence of a completed Form 40SP signed by the sponsor, Ms Suk Yin Chan 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 January 2022 the Tribunal received completed Form 40SP signed by the sponsor. 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 100 visa:

   ·cl 309.213 of Schedule 2 to the Regulations

   Stephen Conwell
   Member