Lee (Migration)

[2023] AATA 934

Lee (Migration) [2023] AATA 934 (28 March 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs A Rang Lee

CASE NUMBER:  2212882

HOME AFFAIRS REFERENCE(S):          BCC2020/1571375

MEMBER:Peter Vlahos

DATE:28 March 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 461 visa:

·cl 461.223 of Schedule 2 to the Regulations

This Statement was made on 28^th March 2023 at 9.26AM.

CATCHWORDS
MIGRATION –New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa – Subclass 461 – police clearance certificates from Australia and Korea provided – decision under review remitted

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 461.223

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 New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 15 May 2022. The delegate refused to grant the visa on 15 August 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 19 September 2022 the Tribunal received an Australian Federal Police National Police Certificate and a Korean National Police Agency Criminal Records certificate. 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 461 visa:

   ·cl 461.223 of Schedule 2 to the Regulations

   Peter Vlahos
   Member