O'Connor (Migration)

[2021] AATA 808

O'Connor (Migration) [2021] AATA 808 (9 February 2021)

Corrigendum

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Benjamin O'Connor

VISA APPLICANT:  Ms Thai Nguyen Ha

CASE NUMBER:  2004440

DIBP REFERENCE(S):  BCC2019/1216283

MEMBER:Steven Griffiths

DATE OF DECISION:  9 February 2021

DATE CORRIGENDUM

SIGNED:7 April 2021

PLACE OF DECISION:  Adelaide

AMENDMENT:  The following corrections are made to the decision:

1.The Tribunal removes the name Mr. Benjamin O’Connor, the Review Applicant, from the details of applicant on the first page of the Decision Record.

Steven Griffiths
Member

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Benjamin O'Connor
Ms Thai Nguyen Ha

CASE NUMBER:  2004440

HOME AFFAIRS REFERENCE(S):          

MEMBER:Steven Griffiths

DATE:9 February 2021

PLACE OF DECISION:  Adelaide

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 300 visa:

·cl.300.215 of Schedule 2 to the Regulations; and

·cl.300.216 of Schedule 2 to the Regulations; and

·cl.300.221 of Schedule 2 to the Regulations

Statement made on 9 February 2021 at 12.14pm

CATCHWORDS

MIGRATION – Prospective Marriage (Temporary) (Class TO) visa – Subclass 300 (Prospective Marriage) – parties validly married since review application – Tribunal notified of the marriage – decision under review remitted          

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cls 300.215, 300.216, 300.221

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 applicants Prospective Marriage (Temporary) (Class TO) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 11 March 2019. The delegate refused to grant the visas on 14 February 2020.

2. The delegate made the decision on the basis that evidence of the genuine intention of the applicants to marry was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 27 August 2020 the Tribunal received a Commonwealth of Australia Certificate of Marriage in which it was confirmed the applicant and sponsor married on 26 August 2020. 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 applicants 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 first named applicant meets the following criteria for a Subclass 300 visa:

   ·cl.300.215 of Schedule 2 to the Regulations; and

   ·cl.300.216 of Schedule 2 to the Regulations; and

   ·cl.300.221 of Schedule 2 to the Regulations.

   Steven Griffiths
   Member