JAMES (Migration)

[2023] AATA 383

JAMES (Migration) [2023] AATA 383 (24 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr NATHAN RICHARD JAMES

REPRESENTATIVE:  Mr PRABHJOT SINGH SANDHU (MARN: 0963599)

CASE NUMBER:  2218513

HOME AFFAIRS REFERENCE(S):          BCC2020/2640396

MEMBER:Wendy Banfield

DATE:24 February 2023

PLACE OF DECISION:  Canberra

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

·cl 600.213 of Schedule 2 to the Regulations

Statement made on 24 February 2023 at 3:57pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – evidence of criminal history – Police clearances provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 600.213

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 Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 13 November 2020. The delegate refused to grant the visa on 25 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 10 February 2023 the Tribunal received police clearances in the name of the applicant. 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 600 visa:

   ·cl 600.213 of Schedule 2 to the Regulations

   Wendy Banfield
   Member