Teixeira Freitas (Migration)

[2018] AATA 5012

Teixeira Freitas (Migration) [2018] AATA 5012 (24 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Maria Teixeira Freitas

CASE NUMBER:  1809772

DIBP REFERENCE(S):  BCC2015/1944637

MEMBER:Mary Urquhart

DATE:24 September 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:

·cl.820.221 of Schedule 2 to the Regulations

Statement made on 24 September 2018 at 2:06pm

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner (Temporary)) visa –police clearance certificates provided – decision made on review – decision remitted for reconsideration

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2 cls 820.221, 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 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 6 July 2015. The delegate refused to grant the visa on 28 March 2018.

2. The delegate made the decision on the basis that evidence of police clearance certificates were not provided as required to satisfy cl.820.221 for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 28 June 2018 the Tribunal received a Certificato Generale Del Casellario Giudiziale. An English translation was provided (Certificate of criminal Records) on 23 July 2018. On 17 September 2018 the Tribunal received an AFP National police Certificate.

4. Under subsection 360(2) (a) of the Act the Tribunal considered that it should decide the review in the visa applicant's favour on the basis of the evidence now before it.  As a result, it was therefore unnecessary to proceed with a Tribunal hearing.

5. In light of the new evidence received, the Tribunal is satisfied that the criterion in cl.820.223 is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 820 visa:

   ·cl.820.221 of Schedule 2 to the Regulations

   Mary Urquhart
   Member