Dhamodharan (Migration)

[2019] AATA 2311

Dhamodharan (Migration) [2019] AATA 2311 (26 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Vijayalakshmi Dhamodharan

CASE NUMBER:  1900026

DIBP REFERENCE(S):  BCC2015/1271952 CLF2019/521

MEMBER:Nicholas McGowan      

DATE:26 February 2019

PLACE OF DECISION:  Melbourne

DECISIONThe Tribunal remits the application for reconsideration, with the direction that the applicant meets sub-regulation 2.03AA(2)(a) of Schedule 2 to the Regulations for the purposes of clause 100.222 of the Act (Public Interest Criteria 4001).

CATCHWORDS
MIGRATION – Partner (Migrant) (Class BC) visa – Subclass 100 (Spouse) – evidence of criminal history – AFP certificate – Indian penal clearance certificate – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 2.03AA; Schedule 2, cl 100.222, Schedule 4 PIC 4001

WRITTEN statement of decision

1. The applicant is an Indian national who applied for a Partner (Migrant) (Class BC) visa under s.65 of the Migration Act 1958 (the Act) on 1 May 2015 on the basis of her relationship with her sponsor, Srinivasan Venkatesan, who is an Australian permanent resident.

2. The Minister granted the applicant a Partner (Provisional) (Class UF) (Subclass309) temporary visa on 16 March 2016.

3. On 21 December 2018 a delegate for the Minister refused to grant the applicant a permanent partner visa on the basis that evidence of her criminal history was not provided as required under the Migration Regulations 1994.

4. On 7 January 2019 this tribunal received a copy of the applicant’s AFP certificate (at folio 27) and a copy of the applicant’s Indian penal clearance certificate (at folio 26). These documents will be shared with the Minister and immigration department.

5. Accordingly, this tribunal has been satisfied that the applicant now meets sub-regulation 2.03AA(2)(a) for the purposes of Public Interest Criteria 4001: clause 100.222 of the Act.

   Statement made on 26 February 2019 at 8:16am