El Ayoubi (Migration)

[2020] AATA 3214

El Ayoubi (Migration) [2020] AATA 3214 (11 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Nazira Hana El Ayoubi

CASE NUMBER:  1824514

HOME AFFAIRS REFERENCE(S):          BCC2017/1698242

MEMBER:Mary Urquhart

DATE:11 June 2020

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 820 visa:

·cl.820.223 of Schedule 2 to the Regulations

Statement made on 11 June 2020 at 3:39pm

CATCHWORDS
MIGRATION –Partner (Temporary) (Class UK) visa – Subclass 820 – Police Clearance provided –decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 820.223

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 Partner (Temporary) (Class UK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 12 May 2017. The delegate refused to grant the visa on 16 August 2018.

2. The delegate made the decision on the basis that evidence of police check was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 3 June 2020 the Tribunal received translated documentation and information in regard to police clearance. 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.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   DECISION

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

   ·cl.820.223 of Schedule 2 to the Regulations

   Mary Urquhart
   Member