Veikoso (Migration)

[2019] AATA 2640

Veikoso (Migration) [2019] AATA 2640 (30 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Lopeti Finaulahi Veikoso

CASE NUMBER:  1832672

DIBP REFERENCE(S):  BCC2018/4569908 OSF2013/094362

MEMBER:Peter Vlahos

DATE:30 April 2019

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 100 visa:

·cl.100.222 of Schedule 2 to the Regulations

Statement made on 30 April 2019 at 10:57am

CATCHWORDS
MIGRATION – Partner (Migrant) (Class BC) visa – Subclass 100 – evidence of criminal history – evidence of renewed passport – Federal Police check certificate  provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65

Migration Regulations 1994, Schedule 2, cl 100.222

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 (Migrant) (Class BC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 13 December 2012. The delegate refused to grant the visa on 18 October 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).

3. On 30 April 2019 the Tribunal received a certified copy of the applicant’s renewed passport which will expire on 10 December 2023. 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. The applicant also provided copies of his Federal Police check certificate.

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

   DECISION

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 100 visa:

   ·cl.100.222 of Schedule 2 to the Regulations

   Peter Vlahos
   Member