Chen (Migration)

[2021] AATA 1587

Chen (Migration) [2021] AATA 1587 (6 April 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms No Chen

CASE NUMBER:  2101969

HOME AFFAIRS REFERENCE(S):          BCC2017/4378743

MEMBER:Amanda Mendes Da Costa

DATE:6 April 2021

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 461 visa:

·cl.461.223 of Schedule 2 to the Regulations

Statement made on 6 April 2021 at  8.37am

CATCHWORDS

MIGRATION – New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa – evidence of National Police Certificate received – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360(2)(a)

Migration Regulations 1994, Schedule 2, cl 461.223

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 Home Affairs to refuse to grant the applicant a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 21 November 2017. The delegate refused to grant the visa on 5 February 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 9 March 2021 the Tribunal received from the applicant a ‘National Police Certificate’ issued by the Australian Federal Police on 27 February 2021.  This certificate indicates that there are no disclosable court outcomes recorded against the applicant. 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 461 visa:

   ·cl.461.223 of Schedule 2 to the Regulations

   Amanda Mendes Da Costa
   Member