Derbas (Migration)

[2019] AATA 391

Derbas (Migration) [2019] AATA 391 (25 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Mahmoud Derbas

CASE NUMBER:  1900499

DIBP REFERENCE(S):  BCC2017/1041095

MEMBER:Hugh Sanderson

DATE:25 January 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration with a direction that the applicant meets the following criteria for the grant of a Subclass 820 visa:

·     PIC 4021 the purpose of cl.820.223 of Schedule 2 to the Regulations.

Statement made on 25 January 2019 at 7:58am

CATCHWORDS

MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Spouse) – holding a valid passport at time of decision – Lebanon passport expired – passport has since been renewed – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 820.223; Schedule 4, PIC 4021

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 on 24 December 2018 to refuse to grant the visa applicant a Partner (Temporary) (Class UK) Subclass 820 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 16 March 2017. Clause 820.226 requires, in part, that the applicant satisfy Public Interest Criterion (PIC) 4021. This requires, in part, that at the time of the decision the applicant holds a valid passport that was issued to the applicant by an official source and is in the form issued by the official source. The applicant provided the Department his passport which was issued on 11 April 2016 and expired on 11 April 2017. As the passport was not valid at the time of the decision, the delegate found that the criteria in PIC 4021 was not met and refused the application.

3. On 10 January 2019 the applicant provided to the Tribunal a copy of the passport he had previously provided to the Department which had been endorsed by the Consul General of Lebanon in Sydney as being renewed for the period from 8 January 2019 to 7 January 2020.

4. The Tribunal is satisfied that the endorsement by the Consul General of Lebanon in Sydney renewing the passport previously provided by the applicant to the Department for the period from 8 January 2019 to 7 January 2020 means that the applicant does now hold a valid passport that was issued to the applicant by an official source and is in the form issued by the official source.

5. The Tribunal finds the applicant meets the criteria in PIC 4021 for the purpose of meeting the criteria in cl.820.223. Accordingly, the matter should be remitted to the Department to consider the remaining criteria for the grant of the visa.

   DECISION

6. The Tribunal remits the application for reconsideration with a direction that the applicant meets the following criteria for the grant of a Subclass 820 visa:

   ·PIC 4021 the purpose of cl.820.223 of Schedule 2 to the Regulations.

   Hugh Sanderson
   Member