Chand (Migration)

[2021] AATA 4257

Chand (Migration) [2021] AATA 4257 (31 August 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Balbir Chand

CASE NUMBER:  2108966

HOME AFFAIRS REFERENCE(S):          BCC2020/1472621

MEMBER:Alan McMurran

DATE:31 August 2021

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:

·cl.600.213(1) of Schedule 2 to the Regulations

Statement made on 31 August 2021 at 10:30am

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – character test – statement from an appropriate authority – AFP National Police Certificate – Indian Police Clearance Certificate – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), r 2.03AA; Schedule 2, cl 600.213; Schedule 4, PIC 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 (the Act). The applicant applied for the visa on 2 May 2020. The delegate refused to grant the visa on 23 June 2021.

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 28 July 2021, the applicant provided the Tribunal with a copy of an AFP National Police Certificate. On 9 August 2021, the Tribunal received a copy of an Indian Police Clearance Certificate, and the applicant’s response now meets the requirement of r.2.03AA as prescribed for satisfying public interest criteria 4001 or 4002 for the grant of a visa.

4. 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.

5. 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

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

   ·cl.600.213(1) of Schedule 2 to the Regulations

   Alan McMurran
   Member