Surjit Singh (Migration)

[2022] AATA 2777

Surjit Singh (Migration) [2022] AATA 2777 (23 May 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Surjit Singh

REPRESENTATIVE:  Ms Karyn Anderson (MARN: 9685990)

CASE NUMBER:  1814048

HOME AFFAIRS REFERENCE(S):          CLF2013/172812 CLF2018/44398 CLF2018/44400 CLF2018/44421

MEMBER:M. Edgoose

DATE:23 May 2022

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 801 visa:

·cl 801.221 of Schedule 2 to the Regulations.

Statement made on 23 May 2022 at 11:04am

CATCHWORDS
MIGRATION – Partner (Residence) (Class BS) visa – Subclass 801 (Partner) – genuine spousal relationship – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 5F, 65, 360
Migration Regulations 1994 (Cth), r 1.15A; Schedule 2, cl 801.221

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 (Residence) (Class BS) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 25 July 2013. The delegate refused to grant the visa on 7 May 2018.

2. The delegate made the decision on the basis that evidence of the couple being in a genuine relationship 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 17, 19 and 20 May 2022 the Tribunal received significant submissions in relation to this matter from the applicant via his representative. The Tribunal is satisfied that the submissions clearly indicates that the applicant has met the requirements of regulation 1.15A(3). Given this the Tribunal is satisfied that the applicant meets the requirements of s 5F(2).

4. 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.

5. 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

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 801 visa:

   ·cl 801.221 of Schedule 2 to the Regulations

   M. Edgoose
   Member