Ventura (Migration)

[2021] AATA 4261

Ventura (Migration) [2021] AATA 4261 (30 August 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Felmar Ventura

CASE NUMBER:  2105675

HOME AFFAIRS REFERENCE(S):          BCC2020/1943568

MEMBER:Alan McMurran

DATE:30 August 2021

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 600 visa:

·cl.600.213(1) of Schedule 2 to the Regulations

Statement made on 30 August 2021 at 8:40am

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – character test – statement from an appropriate authority – AFP certificate, criminal records check – Philippines NBI Police Check certification – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 600.213

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 Visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 22 July 2020. The delegate refused to grant the visa on 12 April 2021.

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 10 August 2021 the Tribunal received from the applicant a copy of an AFP certificate, criminal records check, dated 21 June 2021. The certificate states there are no disclosable court outcomes. The Tribunal also received from the applicant written evidence of the Philippines NBI Police Check certification dated 6 August 2021in respect of the applicant and written explanation from the applicant to the Tribunal explaining her delay.

4. 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.

5. 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

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

   ·cl.600.213(1) of Schedule 2 to the Regulations

   Alan McMurran
   Member