Pham (Migration)

[2024] AATA 3060

Pham (Migration) [2024] AATA 3060 (15 August 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Cuong Ngoc Pham

CASE NUMBER:  2113759

HOME AFFAIRS REFERENCE(S):          BCC2017/2285172

MEMBER:M. Edgoose

DATE:15 August 2024

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 820 visa:

·cl 820.211(2)(a) of Schedule 2 to the Regulations

·cl 820.221 of Schedule 2 to the Regulations

Statement made on 15 August 2024 at 12:25pm

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – genuine spousal relationship – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 5F, 65, 360
Migration Regulations 1994 (Cth), r 1.15A; Schedule 2, cls 820.211, 820.221

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 applicant a Partner (Temporary) (Class UK) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 27 June 2017. The delegate refused to grant the visa on 17 September 2021.

2. The delegate made the decision on the basis that insufficient evidence of the relationship was provided according to reg 1.15A(3) to satisfy the criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 28 October 2021, 8 November 2021, 9 July 2024, 10 July 2024 and 11 July 2024 the Tribunal received substantial submissions of evidence to satisfy the requirements of regulation 1.15A(3). 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 applicant 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 applicant meets the following criteria for a Subclass 820 visa:

   ·cl 820.211(2)(a) of Schedule 2 to the Regulations

   ·cl 820.221 of Schedule 2 to the Regulations

   M. Edgoose
   Member