Tran (Migration)

[2022] AATA 284

Tran (Migration) [2022] AATA 284 (7 February 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Luu Vo Anh Khoi Tran

REPRESENTATIVE:  Ms Karyn Anderson

CASE NUMBER:  2006788

HOME AFFAIRS REFERENCE(S):          CLF2019/11326

MEMBER:M. Edgoose

DATE:7 February 2022

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 802 visa:

·cl 802.212 of Schedule 2 to the Regulations

Statement made on 07 February 2022 at 8:10am

CATCHWORDS
MIGRATION – Child (Residence) (Class BT) visa – Subclass 802 (Child) – dependent child – additional evidence provided to tribunal – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), rr 1.03, 1.05A, Schedule 2, cl 802.212

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 Child (Residence) (Class BT) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 7 March 2019. The delegate refused to grant the visa on 26 March 2020.

2. The delegate made the decision on the basis that evidence of the applicant not meeting the definition of dependent as per regulation 1.05A and therefore did not meet the definition of dependent child as set out in regulation 1.03 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 4 February 2022 the Tribunal received evidence three emails and a range of attachments that demonstrates the applicant meets the requirements. 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 802 visa:

   ·cl 802.212 of Schedule 2 to the Regulations

   M. Edgoose
   Member