Otuana (Migration)

[2019] AATA 1938

Otuana (Migration) [2019] AATA 1938 (21 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Ruby May Otuana

CASE NUMBER:  1818846

DIBP REFERENCE(S):  CLF2016/47699

MEMBER:Scott Clarey

DATE:21 February 2019

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 802 visa:

·cl.802.226 of Schedule 2 to the Regulations

Statement made on 21 February 2019 at 8:49am

CATCHWORDS

MIGRATION – Child (Residence) (Class BT) – Subclass 802 (Child) – evidence of criminal history was not provided – received scanned copy of a National Police Certificate – satisfied criterion is met – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 802.226

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 11 August 2016. The delegate refused to grant the visa on 29 May 2018.

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 (the Regulations).

3. On 1 August 2018 the Tribunal received a scanned copy of a National Police Certificate for the sponsor (Ms Jennifer Anne Learmonth). 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.802.226 of Schedule 2 to the Regulations

   Scott Clarey
   Member