Goreceli (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Ms Belkis Turan's application for a Visitor (Class FA) visa, subclass 600 (Visitor), sponsored family stream. The review applicant, Ms Turan's son, sought review of the delegate's decision to refuse the visa. The core of the dispute revolved around whether Ms Turan had complied with a requirement to provide personal identifiers, specifically biometric data, before the visa decision was made.

The Tribunal was required to determine whether Ms Turan had been lawfully required to provide personal identifiers under section 257A of the Migration Act 1958 (Cth) and, if so, whether she had complied with that requirement. The Tribunal also considered whether the delegate's decision had been made without properly considering all relevant information, particularly concerning the provision of biometric data.

The Tribunal found that while Ms Turan had an appointment for biometric submission on 12 October 2022, this occurred after the delegate's decision on 7 October 2022. However, the Department later confirmed via email that Ms Turan had attended her appointment and completed the required biometrics. The Tribunal noted the regrettable delay in this information being provided to the Tribunal and the delegate. It concluded that the visa applicant satisfied the criteria under review, and therefore, the delegate's decision should be set aside.

Accordingly, the Tribunal set aside the delegate's decision of 7 October 2022 refusing the visa and remitted the application back to the delegate for reconsideration, with a direction that Ms Turan satisfied the criteria under Regulation 2.04 of the Migration Regulations 1994 (Cth).