Saleem (Migration)

[2019] AATA 3484

Saleem (Migration) [2019] AATA 3484 (8 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Umair Saleem

CASE NUMBER:  1826842

DIBP REFERENCE(S):  BCC2015/3984585

MEMBER:Mary Urquhart

DATE:8 March 2019

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.820.223 of Schedule 2 to the Regulations and

·of Schedule 2 to the Regulations

Statement made on 08 March 2019 at 3:43pm

CATCHWORDS

MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Spouse) – no police clearances – Federal Police Clearance provided upon review – Pakistani Police clearance – decision under review remitted          

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cls 820.221, 820.223; r 2.03

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 Partner (Temporary) (Class UK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 21 December 2015. The delegate refused to grant the visa on 28 August 2018.

2. The delegate made the decision on the basis that evidence of Federal Police Clearance was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).Accordingly the applicant does not satisfy regulation 2.03AA and does not meet the requirements of subclass 820.223(1)(a).

3. On 1 October 2018 the Tribunal received information that a Pakistani Police clearance and an AFP Clearance have been received from the applicant. 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 820 visa:

   ·cl.820.223 of Schedule 2 to the Regulations and

   ·cl.820.221 of Schedule 2 to the Regulations.

   Mary Urquhart
   Member