Nguyen (Migration)

[2019] AATA 2673

Nguyen (Migration) [2019] AATA 2673 (26 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Huu Huy Nguyen

CASE NUMBER:  1911872

DIBP REFERENCE(S):  CLF2018/352077

MEMBER:Helena Claringbold

DATE:26 June 2019

PLACE OF DECISION:  Sydney

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

·cl.802.212 of Schedule 2 to the Regulations.

Statement made on 26 June 2019 at 9:20am

CATCHWORDS

MIGRATION – Child (Residence) (Class BT) visa – Subclass 802 (Child) visa – applicant’s original birth certificate provided – decision under review remitted for reconsideration

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl 802.212

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 8 June 2018. The delegate refused to grant the visa on 1 May 2019.

2. The delegate made the decision basis on the evidence that a copy of the applicant’s original (untranslated) birth certificate was not provided. This resulted in the applicant not being able to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 17 May 2019, the Tribunal received a notarised copy of the applicant’s original birth certificate issued by the Socialist Republic of Vietnam on 9 December 2005 and a certified copy of the birth certificate. The Tribunal also received National Police Clearance Certificates for the applicant, the sponsor and the sponsor’s spouse. 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:

   ·cl.802.212 of Schedule 2 to the Regulations.

   Helena Claringbold
   Member