PHENG (Migration)

[2020] AATA 4742

PHENG (Migration) [2020] AATA 4742 (16 September 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Ms DANA PHENG

VISA APPLICANTS:  Mr SIDARA NUON
Mr SIDAROD RA
Miss SIDANIN RA

CASE NUMBER:  1819376

HOME AFFAIRS REFERENCE(S):          BCC2017/2190523 OSF2017/049009

MEMBER:Helena Claringbold

DATE:16 September 2020

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the visa applicants complied with the following requirement for Subclass 309 visas:

·s.257A of the Act.

Statement made on 16 September 2020 at 11:02am

CATCHWORDS
MIGRATION – Partner (Provisional) (Class UF) visa – Subclass 309 (Partner (Provisional)) – evidence of personal identifiers – biometrics collected – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 257A, 360

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 Partner (Provisional) (Class UF) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 21 June 2017. The delegate refused to grant the visas on 18 June 2018.

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

3. On 16 September 2020 the Tribunal received information from the Department that the visa applicants had their biometrics collected on 20 December 2018 and this is recorded in the ICSE records. Considering 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 based on 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 visa applicants complied with the following requirement for Subclass 309 visas:

   ·s.257A of the Act.

   Helena Claringbold
   Member