Torion (Migration)

[2020] AATA 4744

Torion (Migration) [2020] AATA 4744 (15 September 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Neonita Torion

CASE NUMBER:  1824973

HOME AFFAIRS REFERENCE(S):          BCC2016/1983924

MEMBER:Helena Claringbold

DATE:15 September 2020

PLACE OF DECISION:  Sydney

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

·Public Interest Criteria (PIC) 4001 as required by cl.820.223(1)(a) of Schedule 2 to the Regulations.

Statement made on 15 September 2020 at 10:13am

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – criminal history – statement from an appropriate authority – Singapore Police Force Certificate of Clearance – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 820.223; 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 Home Affairs 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 8 June 2016. The delegate refused to grant the visa on 9 August 2018.

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 (the Regulations). As a result, the applicant did not satisfy Public Interest Criteria (PIC) 4001 as required by cl.820.223(1)(a) of Schedule 2 to the Regulations.

3. On 18 June 2020, the Tribunal received a Singapore Police Force Certificate of Clearance dated 15 May 2020, for the applicant. Considering 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 based on 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:

   ·Public Interest Criteria (PIC) 4001 as required by

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

   Helena Claringbold
   Member