Kim (Migration)

[2021] AATA 1558

Kim (Migration) [2021] AATA 1558 (29 March 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Eun Kyung Kim

CASE NUMBER:  2102286

HOME AFFAIRS REFERENCE(S):          BCC2020/1291500

MEMBER:Wendy Banfield

DATE:29 March 2021

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 29 March 2021 at 3:51pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 – evidence of AFP National Police Certificate provided – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360(2)(a)
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 (the Act). The applicant applied for the visa on 1 April 2020. The delegate refused to grant the visa on 24 February 2021.

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. On 25 February 2021 the Tribunal received an AFP National Police Certificate 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