PEDROSO (Migration)

[2017] AATA 2138

PEDROSO (Migration) [2017] AATA 2138 (3 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Miguella Deerick Pedroso

CASE NUMBER:  1708716

DIBP REFERENCE(S):  CLF2016/36229

MEMBER:Helena Claringbold

DATE:3 November 2017

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.802.226 of Schedule 2 to the Regulations.

Statement made on 03 November 2017 at 4:50pm

CATCHWORDS
Migration – Child (Residence) (Class BT) – Subclass 802 (Child) – Evidence of criminal history provided

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, 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 13 June 2016. The delegate refused to grant the visa on 30 March 2017.

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 November 2017 the Tribunal received a police certificate from the Philippines for the sponsor in the form of a Republic of the Philippines, Department of Justice, National Bureau of Investigation certificate valid until 19 April 2018.  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

   Helena Claringbold
   Member