Prasob (Migration)

[2020] AATA 1707

Prasob (Migration) [2020] AATA 1707 (2 March 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Master Prayan Prasob

CASE NUMBER:  1933767

DIBP REFERENCE(S):  CLF2018/178917

MEMBER:Ann Duffield

DATE:2 March 2020

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:

·Regulation 1.20KB

Statement made on 02 March 2020 at 10:59am

CATCHWORDS

MIGRATION – Child (Residence) (Class BT) visa – Subclass 802 (Child) visa – evidence of a valid police clearance certificate provided – decision under review remitted for reconsideration

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, r 1.20K

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 visa applicant a Child (Residence) (Class BT) Subclass 802 visa under s.65 of the Migration Act 1958 (the Act).  The visa applicant applied for the visa on 19 July 2018. The delegate refused to grant the visa on 21 November 2019.

2. The delegate made the decision on the basis that evidence of a valid police clearance certificate from each country where the applicant’s mother lived for a total of 12 months or more in the last 10 years, was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 11 December 2019 the Tribunal received a Police Clearance Certificate issued by the Government of India with an issue date of 4 December 2019 for the applicant’s mother.  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:

   ·Regulation 1.20KB

   Ann Duffield
   

   Senior Member