Curi Arguedas (Migration)

[2019] AATA 3442

Curi Arguedas (Migration) [2019] AATA 3442 (30 July 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Cristhian Ruben Curi Arguedas

CASE NUMBER:  1914828

DIBP REFERENCE(S):  CLF2014/13250

MEMBER:Helena Claringbold

DATE:30 July 2019

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 100 visa:

·Public Interest Criteria 4001 as it relates to cl.100.222(a) of Schedule 2 to the Regulations.

Statement made on 30 July 2019 at 3:26pm

CATCHWORDS

MIGRATION – Partner (Migrant) (Class BC) – Subclass 100 (Spouse) – criminal history certificate – certificate provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), cl 100.222(a), Public Interest Criterion (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 Immigration to refuse to grant the applicant a Partner (Migrant) (Class BC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 14 January 2014. The delegate refused to grant the visa on 23 May 2019.

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 12 July 2019 the Tribunal received National Police Certificate issued to the applicant by the Australian Federal Police on 3 July 2019. 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 100 visa:

   ·Public Interest Criteria 4001 as it relates to cl.100.222(a) of Schedule 2 to the Regulations.

   Helena Claringbold
   Member