Mehta (Migration)

[2018] AATA 4057

Mehta (Migration) [2018] AATA 4057 (27 August 2018)

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Umaiza Mehta

CASE NUMBER:  1821082

DIBP REFERENCE(S):  CLF2016/88673

MEMBER:Adrienne Millbank

DATE:27 August 2018

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 802 visa:

·r.1.20KB(11)

Statement made on 27 August 2018 at 11:29am

CATCHWORDS
MIGRATION – Child (Residence) (Class BT) visa – Subclass 802 (Child) – sponsor’s wife’s police clearance – police certificate provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 1.20KB

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 Immigration to refuse to grant the applicant a Child (Residence) (Class BT) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 17 November 2016. The delegate refused to grant the visa on 18 July 2018.

2. The delegate made the decision on the basis that a police clearance for the sponsor’s wife from Pakistan, where she had lived for a total of 12 months or more in the last 10 years, was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 10 August 2018 the Tribunal received the Pakistani Police Certificate for the sponsor’s wife. 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.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 802 visa:

   ·r.1.20KB(11).

   Adrienne Millbank
   Member