Mohamed (Migration)

[2024] AATA 1078

Mohamed (Migration) [2024] AATA 1078 (21 April 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Fatuma Abdikarim Mohamed

REPRESENTATIVE:  Mrs I-Yarin McArdle (MARN: 1688639)

CASE NUMBER:  2318791

HOME AFFAIRS REFERENCE(S):          BCC2022/732302

MEMBER:Angela Julian-Armitage

DATE:21 April 2024

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 820 visa:

·cl 820.223 of Schedule 2 to the Regulations

Statement made on 21 April 2024 at 1:25pm

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – criminal history – FBI Criminal History check – Australian Federal Police check – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cls 820.223

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 Partner (Temporary) (Class UK) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 23 March 2022. The delegate refused to grant the visa on 30 October 2023.

2. The delegate refusal decision was made on the basis that evidence of criminal history had not been provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 9 January 2024, the Tribunal received an FBI Criminal History check for the applicant from the United States of America dated 21 November 2023. In addition, on 13 March 2024, the Tribunal received an Australian Federal Police check for the applicant dated 9 March 2024. 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 820 visa:

   ·cl 820.223 of Schedule 2 to the Regulations

   Angela Julian-Armitage
   Member