Veikoso (Migration)

Case

[2019] AATA 2640

30 April 2019


Details
AGLC Case Decision Date
Veikoso (Migration) [2019] AATA 2640 [2019] AATA 2640 30 April 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) visa, Subclass 100, made by Mr. Veikoso. The primary dispute concerned whether Mr. Veikoso met the criteria for the visa, particularly in relation to evidence of his criminal history and the provision of a renewed passport.

The Tribunal was required to determine if the applicant satisfied the relevant criteria for the Subclass 100 visa, specifically clause 100.222 of Schedule 2 to the Regulations. This involved assessing the adequacy of the evidence presented regarding his criminal history, including a Federal Police check certificate, and the validity of his renewed passport.

The Tribunal's decision was influenced by new evidence that had been received. Based on this new evidence, the Tribunal was satisfied that the criterion under cl.100.222 of Schedule 2 to the Regulations was met. Consequently, the Tribunal remitted the application to the Department for reconsideration, with the direction that the applicant meets the specified criteria for the visa.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

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