Dodds (Migration)

[2019] AATA 5086

Dodds (Migration) [2019] AATA 5086 (5 August 2019)

WRITTEN STATEMENT OF DECISION

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Joseph William Dodds
Mrs Dorothy Dodds

CASE NUMBER:  1911788

DIBP REFERENCE(S):  CLF2015/40867

DECISIONThe applicants meet sub-regulation 2.03AA(2)(a): Public Interest Criteria 4001for the purposes of clause 804.225.

CATCHWORDS

MIGRATION – Aged Parent (Residence) (Class BP) visas – Subclass 804 (Aged Parent) – evidence of criminal history – UK police certificates provided to Department – decision under review remitted 

LEGISLATION

Migration Act 1958
Migration Regulations 1994, Schedule 2 cls 804.225; Schedule 4; Public Interest Criteria 4001; r 2.03

1. The applicants are United Kingdom nationals who applied for Aged Parent (Residence) (Class BP) Aged Parent (Subclass 804) visas on 10 July 2015.

2. On 6 May 2019 a delegate for the Minister refused to grant the visas on the basis that evidence of their criminal history was not provided as required under the Migration Regulations 1994. The Minister’s delegate had tried to obtain the relevant certificates from the applicants, who failed to respond to the repeated delegate requests (as detailed in the delegate’s refusal decision record). The applicant’s daughter has challenged the delegate’s account as detailed in the decision record, and has provided evidence she sent the certificates to the immigration department on July 2016 (folio 22).

3. This tribunal has now received a copy of the applicants UK police certificates (at folios 7-8 of this tribunal’s casefile) including Australian certificates as relevant. These documents will be shared with the Minister and immigration department.

4. Accordingly, this tribunal has been satisfied that the applicants now meet sub-regulation 2.03AA(2)(a) for the purposes of Public Interest Criteria 4001: clause 804.225 of the Act.

   Statement made in Melbourne on 05 August 2019 at 6:14am