Gholami (Migration)

[2020] AATA 2414

Gholami (Migration) [2020] AATA 2414 (15 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Javad Gholami

CASE NUMBER:  1922990

HOME AFFAIRS REFERENCE(S):          BCC2016/680651

MEMBER:Joseph Francis

DATE:15 June 2020

PLACE OF DECISION:  Perth

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 100 visa:

·cl.100.222 of Schedule 2 to the Regulations

Statement made on 15 June 2020 at 1:35pm

CATCHWORDS
MIGRATION – Partner (Migrant) (Class BC) – Subclass 100 (Spouse) – criminal history statement – statements from home country and Australia not provided to department – statements provided to tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 100.222

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 (Migrant) (Class BC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 17 February 2016. The delegate refused to grant the visa on 6 August 2019.

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

3. The Tribunal wrote to the applicant on 21 August 2019 requesting the relevant police clearance certificates for the countries the applicant has resided in for more than 12 months over the last 10 years.

4. On 28 August 2019 the applicant’s representative provided the Tribunal acknowledgement that the request had been lodged on 27 August 2019 and indicated the processing time was between two and six months for a certificate from Iran.

5. A National Police Certificate for Australia, issued on 14 August 2019, was submitted to the Tribunal on 28 November 2019.

6. An Islamic Republic of Iran, Interpol Tehran – Iran, Police Clearance Certificate, dated 13 November 2019 was submitted to the Tribunal on 28 November 2019.

7. 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.

8. 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

9. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 100 visa:

   ·cl.100.222 of Schedule 2 to the Regulations

   Joseph Francis
   Member