Shields (Migration)

[2019] AATA 4656

Shields (Migration) [2019] AATA 4656 (12 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Alyson Jenna Shields

CASE NUMBER:  1921267

DIBP REFERENCE(S):  BCC2017/1899053

MEMBER:Ian Garnham

DATE:12 September 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 461 visa:

·cl.461.223(2)(a) of Schedule 2 to the Regulations

Statement made on 12 September 2019 at 1:53pm

CATCHWORDS

MIGRATION – New Zealand Citizen (Family Relationship) (Temporary) (Class UP) – Subclass 461 New Zealand Citizen Family Relationship (Temporary) – criminal history check – evidence provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 461.223

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 Immigration to refuse to grant the applicant a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 25 May 2017. The delegate refused to grant the visa on 26 July 2019.

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 (the Regulations).

3. Specifically, the delegate claimed that the visa applicant had failed to provide a police certificate from Australia when requested to do so. 

4. I note in the Departmental (Department of Human Affairs (DOHA)) file an Australian National Police Certificate for the visa applicant dated 16 January 2017[1] was provided by the applicant with various other documents at the time of application.

   [1] At F: 17 (DOHA)

5. On 9 August 2019 the Tribunal received a photocopy of an Australian National Police Certificate for the visa applicant dated 20 March 2019.

6. In light of the new evidence received and the evidence contained in the DOHA file the Tribunal is satisfied that the requirement to provide an Australian National Police Certificate is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

7. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 461 visa:

   ·cl.461.223(2)(a) of Schedule 2 to the Regulations

   Ian Garnham
   Member