Torti (Migration)

[2019] AATA 1588

Torti (Migration) [2019] AATA 1588 (9 April 2019)

WRITTEN DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Master Stefano Torti

CASE NUMBER:  1813346

DIBP REFERENCE(S):  CLF2018/609

MEMBER:Nicholas McGowan

PLACE OF DECISION:  Melbourne

DATE:  9 APRIL 2019

DECISION

1. This tribunal remits the applicant’s visa application with the direction the applicant meets Public Interest Criteria 4017 for the purposes of clause 802.225.

   REASONS

2. On 4 January 2018 the applicant applied for a Child (Residence) (Class BT) visa.

3. On 19 April 2018 a delegate for the immigration minister refused to grant applicant the visa on the basis that the applicant’s home country (Italy) had not legally permitted his removal: PIC 4017.

4. This tribunal has now been provided with a record of a court hearing from the Ordinary Court of Biella, Italy, dated18 December 2018 (folio 90 both sides). Taken at face value, that Court Order has compelled the parents of the applicant to take certain steps which ultimately determine where he can reside, which in this case is Australia.

5. In light of the new evidence received, this tribunal is satisfied the applicant’s home country lawfully permits his removal from Italy to Australia as has been determined by Court Order.

6. Given the above, the criterion for the grant of the visa is met: PIC 4017 for the purposes of clause 802.225. It follows that this application should now be returned to the immigration minister for further consideration.
   
   

   
   Statement made on 09 April 2019 at 8:18am

   CATCHWORDS
   MIGRATION – Child (Residence) (Class BT) visa – Subclass 802 (Child) – legal permission for child’s removal – record of court hearing received by Tribunal – decision under review remitted

   LEGISLATION
   Migration Act 1958 (Cth), s 65
   Migration Regulations 1994 (Cth), Schedule 2, cl 802.225; Schedule 4, PIC 4017