Chinniah (Migration)

[2023] AATA 509

Chinniah (Migration) [2023] AATA 509 (24 January 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Kirupainayakie Chinniah

REPRESENTATIVE:  Mr Rasan T Selliah

CASE NUMBER:  2205749

HOME AFFAIRS REFERENCE(S):          BCC2020/1650215

MEMBER:Paul Windsor

DATE:24 January 2023

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 600 visa:

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

Statement made on 24 January 2023 at 2:45pm

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – character test – statement from an appropriate authority – Digital National Police Certificate issued by the Australia Federal Police – no disclosable court outcomes – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), 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 (Cth) (the Act). The applicant applied for the visa on 30 May 2020. The delegate refused to grant the visa on 29 March 2022.

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 (Cth) (the Regulations). Specifically, the applicant had been requested by the Department to provide evidence from an appropriate authority in Australia indicating whether or not she has a criminal history in Australia. As this had not been provided, the delegate found the applicant did not satisfy cl 600.213(1) because she could not show that she met public interest criterion 4001 relating to the character test.

3. On 4 August 2022 the Tribunal received a copy of a Digital National Police Certificate issued by the Australia Federal Police on the same date, certifying 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 600 visa:

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

   Paul Windsor
   Member