Ramirez Giraldo (Migration)

[2023] AATA 589

Ramirez Giraldo (Migration) [2023] AATA 589 (1 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Luisa Maria Ramirez Giraldo

CASE NUMBER:  2218222

HOME AFFAIRS REFERENCE(S):          BCC2021/71130

MEMBER:Sean Baker

DATE:1 February 2023

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 820 visa:

·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 820.223 of Schedule 2 to the Regulations

Statement made on 01 February 2023 at 12:01pm

CATCHWORDS
MIGRATION –Partner (Temporary) (Class UK) visa – Subclass 820 – National Police Clearance from AFP provided – applicant provided a police certificate from the Republic of Colombia – decision under review remitted  

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, r 2.03AA, Schedule 2, cl 820.223

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 9 December 2021. The delegate refused to grant the visa on 5 December 2022.

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 (Cth) (the Regulations).

3. On 15 January 2023 the Tribunal received from the applicant on 9 January and 16 January a copy and translation of a police certificate from the Republic of Colombia. The Tribunal notes that the applicant had previously provided a copy of an Australian Federal Police check to the Department. 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:

   ·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 820.223 of Schedule 2 to the Regulations

   Sean Baker
   Member