Ingpen (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, which was refused by the Department because the applicant failed to provide personal identifiers, specifically fingerprint scans and a digital facial photograph, within the required timeframe. The applicant's son, Dr Allen Ingpen, applied to the Tribunal for review of this decision.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of section 40 of the *Migration Act 1958* (Cth) and relevant regulations, particularly in light of the applicant's failure to provide the requested personal identifiers initially. The Tribunal was required to determine if the applicant had subsequently complied with these requirements and if the Department's refusal was therefore justified.

The Tribunal found that the applicant had, in fact, complied with the biometric requirements on 31 May 2019, with the results being cleared on 3 June 2019. This compliance was established through an email from Dr Ingpen, which explained that an error had occurred with the initial testing, but subsequent testing three days later was successful. The Tribunal was satisfied that, by providing the personal identifiers as confirmed, the applicant had met the prerequisites for the visa under section 40 of the Act, read in conjunction with Regulation 2.05 of the *Migration Regulations 1994* (Cth).

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the prerequisites for the granting of the visa under section 40 of the *Migration Act* and Regulation 2.04 of the *Migration Regulations*.