Victorien (Migration)

[2021] AATA 1568

Victorien (Migration) [2021] AATA 1568 (6 April 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Anne Marie Marceline Victorien

CASE NUMBER:  2101331

HOME AFFAIRS REFERENCE(S):          BCC2020/2755829

MEMBER:Wendy Banfield

DATE:6 April 2021

PLACE OF DECISION:  Canberra

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 602 visa:

·cl.602.217 of Schedule 2 to the Regulations

Statement made on 06 April 2021 at 11:06am

CATCHWORDS

MIGRATION – Medical Treatment (Visitor) (Class UB) visa – Subclass 602 – evidence of AFP National Police Certificate provided – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360(2)(a)
Migration Regulations 1994, Schedule 2, cl 602.217

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 Medical Treatment (Visitor) (Class UB) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 3 December 2020. The delegate refused to grant the visa on 20 January 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 25 March 2021 the Tribunal received an AFP National Police Certificate dated 12 March 2021. 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 602 visa:

   ·cl.602.217 of Schedule 2 to the Regulations

   Wendy Banfield
   Member