Padala (Migration)

[2019] AATA 6035

Padala (Migration) [2019] AATA 6035 (25 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Hari Krishna Padala
Mrs Mounika Dindigala

CASE NUMBER:  1807206

DIBP REFERENCE(S):  BCC2017/835314

MEMBER:Warren Stooke AM

DATE:25 November 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 190 visa:

·cl.190.216 of Schedule 2 to the Regulations

Statement made on 25 November 2019 at 11:41am

CATCHWORDS

MIGRATION – Skilled Nomination (Permanent) – Subclass 190 Skilled Nominated – health criteria – death certificate provided for spouse – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule2 cl 190.216, Public Interest Criterion (PIC) 4005, r 1.12

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 applicants Skilled Nominated (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 2 March 2017. The delegate refused to grant the visas on 9 March 2018.

2. The delegate made the decision on the basis that evidence pertaining to the secondary applicant was that she had not satisfied PIC4005. In this case, the delegate had regard to the regulatory definition of ‘member of a family unit’, as prescribed at regulation 1.12 and includes a spouse (Reg. 1.12(2)(a) of the family head; whereby this part of the member of the family unit definition has particular relevance to the “one fails, al fail” criteria.

3. On 5 September 2019 the Tribunal received a Death Certificate for Dindigala Mounika, the spouse of the applicant, whose death was registered on 3 August 2019 [Certificate Id: 50102-D-43075]. In light of the new evidence received, the Tribunal is satisfied that the criterion for the primary applicant 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 first named applicant meets the following criteria for a Subclass 190 visa:

   ·cl.190.216 of Schedule 2 to the Regulations

   Warren Stooke AM
   Member