Spencer (Migration)

[2018] AATA 1539

Spencer (Migration) [2018] AATA 1539 (19 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Bradley Spencer

CASE NUMBER:  1609562

DIBP REFERENCE(S):  CLF2013/236140

MEMBER:Margie Bourke

DATE:19 April 2018

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:

·PIC 4001 for the purposes of cl.820.223 of Schedule 2 to the Regulations.

Statement made on 19 April 2018 at 11:17am

CATCHWORDS
Migration – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner (Temporary)) – Requirement to provide police clearance certificate – Police clearance certificate provided

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 4, PIC 4001

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 25 September 2013. The delegate refused to grant the visa on 14 June 2016.

2. The delegate made the decision on the basis that evidence of Police Clearance certificate or statement from the United States of America was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 1 September 2017 the applicant provided the tribunal with a letter from Victoria Police Fingerprint Facility and copy of the set of finger prints taken from the applicant. On 20 January 2018, the applicant provided the tribunal with a letter from the U.S Department of Justice F.B.I, which recorded that the applicant’s fingerprints revealed no prior arrest data. The tribunal received the Police Clearance certificate or statement from the U.S, and is satisfied that the applicant now meets the requirements of PIC 4001. 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:

   ·PIC 4001 for the purposes of cl.820.223 of Schedule 2 to the Regulations.

   Margie Bourke
   Member