Teixeira Freitas (Migration)

Case

[2018] AATA 5012

24 September 2018


Details
AGLC Case Decision Date
Teixeira Freitas (Migration) [2018] AATA 5012 [2018] AATA 5012 24 September 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Mr. Teixeira Freitas. The dispute concerned whether Mr. Freitas met the criteria for the visa, specifically in relation to police clearance certificates and other relevant requirements.

The Tribunal was required to determine whether the applicant met the criterion in cl.820.221 of Schedule 2 to the *Migration Regulations 1994* (Cth) and whether the criterion in cl.820.223 was met, in light of new evidence presented.

The Tribunal's reasoning was that upon receiving new evidence, it was satisfied that the criterion in cl.820.223 was met. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant meets the criteria for a Subclass 820 visa, specifically cl.820.221 of Schedule 2 to the Regulations. The application was remitted for reconsideration.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Remedies

  • Judicial Review

  • Procedural Fairness

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