Takemanu (Migration)

[2023] AATA 936

Takemanu (Migration) [2023] AATA 936 (28 March 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Hubert Takemanu

REPRESENTATIVE:  Miss Kathryn Smith

CASE NUMBER:  2214717

HOME AFFAIRS REFERENCE(S):          BCC2021/483819

MEMBER:Peter Vlahos

DATE:28 March 2023

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(1)(a) of Schedule 2 to the Regulations

This Statement was made on 28^th March 2023 at 9.30AM.

CATCHWORDS
MIGRATION –Partner (Temporary) (Class UK) visa – Subclass 820 – Tribunal received a national police clearance certificate from Papua New Guinea – decision under review remitted   

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, 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 1 April 2021. The delegate refused to grant the visa on 20 September 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 13 March 2023 the Tribunal received a national police clearance certificate from Papua New Guinea in the name of 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.

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:

   ·cl 820.223(1)(a) of Schedule 2 to the Regulations

   Peter Vlahos
   Member