Dhillon (Migration)

[2022] AATA 3582

Dhillon (Migration) [2022] AATA 3582 (11 August 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jasvir Singh Dhillon

REPRESENTATIVE:  Mr Vikrant Singla (MARN: 1801234)

CASE NUMBER:  2201175

HOME AFFAIRS REFERENCE(S):          BCC2021/298503

MEMBER:Joseph Lindsay

DATE:11 August 2022

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:

·Public Interest Criterion 4001 and Regulation 2.03AA(2) for the purposes of cl 600.213(1) of Schedule 2 to the Regulations.

Statement made on 11 August 2022 at 2:05pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – subclass 600 (Visa) –applicant satisfies public interest criterion 4001 – police clearance documents provided – decision under review remitted

LEGISLATION

Migration Act 1958, ss 65, 360, 501

Migration Regulations 1994, r 2.03AA(2), Schedule 2, cl 600.213

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 1 March 2021. The delegate refused to grant the visa on 12 January 2022.

2. There was no need to hold a hearing in this matter as the Tribunal was able to determine the matter in favour of the applicant on the material before it in accordance with s.360(2)(a) of the Act.

3. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

4. The first issue in this case is whether the applicant meets PIC 4001. The second issue is whether the applicant meets Reg 2.03AA which requires the applicant to have provided appropriate police clearance documents.

5. PIC 4001 is set out in Schedule 4 to the Regulations. It provides that either:

   (a)       the person satisfies the Minister that she/he passes the ; or

   (b)       the Minister is satisfied, after appropriate inquiries, that there is nothing to indicate that the applicant/person would fail to satisfy the Minister that she/he passes the character test; or

   (c)       the Minister has decided not to refuse to grant a visa to the applicant/person despite reasonably suspecting that she/he does not pass the character test; or

   (d)       the Minister has decided not to refuse to grant a visa to the applicant/person despite not being satisfied that she/he passes the character test.

6. The delegate was not satisfied that the applicant met PIC 4001 as police clearance documents had not been provided.

7. The applicant has since provided to the Tribunal police certificates from both Australia and India indicating that there were no disclosable court outcomes in relation to the applicant.

8. The Tribunal is satisfied on the basis of the certificates that the applicant meets PIC 4001(b) in that after appropriate enquiries there is nothing to indicate that the applicant would fail to satisfy the Minister that the applicant passes the character test set out in s 501(6) of the Act. These police clearance certificates indicate that there is no adverse information about the applicant which would result in the applicant not meeting any of the categories set out in s 501(6).

9. Regulation 2.03AA requires that where the Minister has requested certain documents or information from an appropriate authority where the applicant has resided, the person has provided the documents or information. The Department requested that the applicant provide police clearance documents. The applicant has now provided the documents from the appropriate authorities. The Tribunal is therefore satisfied that the applicant meets Regulation 2.03AA(a).

   decision

10. The Tribunal remits the application for a Visitor (Class FA) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

    ·Public Interest Criteria 4001 and Regulation 2.03AA(2) for the purposes of cl 600.213(1) of Schedule 2 to the Regulations.

    Joseph Lindsay
    Member