Gim (Migration)

[2023] AATA 584

Gim (Migration) [2023] AATA 584 (2 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Sia Gim

CASE NUMBER:  2217678

HOME AFFAIRS REFERENCE(S):          BCC2019/1218089

MEMBER:Sean Baker

DATE:2 February 2023

PLACE OF DECISION:  Sydney

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

·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 820.223 of Schedule 2 to the Regulations

Statement made on 02 February 2023 at 9:57am

CATCHWORDS
MIGRATION –Partner (Temporary) (Class UK) visa – Subclass 820 – National Police Clearance from AFP provided – applicant provided a police certificate from South Korea – decision under review remitted  

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, r 2.03AA, 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 (Cth) (the Act). The applicant applied for the visa on 11 March 2019. The delegate refused to grant the visa on 23 November 2022.

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 (Cth) (the Regulations).

3. On 6 December 2022 the Tribunal received an Australian Federal Police National Police Certificate in the name of the applicant disclosing court outcomes against the applicant. The Tribunal further notes that the applicant provided a police certificate from South Korea to the Department. 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:

   ·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 820.223 of Schedule 2 to the Regulations

   Sean Baker
   Member