Vidane Henayalage (Migration)

[2021] AATA 5245

Vidane Henayalage (Migration) [2021] AATA 5245 (29 October 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Premawathi Vidane Henayalage

CASE NUMBER:  2111787

HOME AFFAIRS REFERENCE(S):          BCC2020/2704649

MEMBER:Luke Hardy

DATE:29 October 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 29 October 2021 at 10:56am

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – character test – statement from an appropriate authority – Australian Federal Police – Police Headquarters in Colombo – no criminal history – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 600.213; Schedule 4, PIC 4001

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 25 November 2020. The delegate refused to grant the visa on 17 August 2021.

2. The delegate made the decision on the basis that evidence of criminal history was not provided as required to satisfy public interest criterion 4001 in cl.600.213(1) for the grant of the visa under the Migration Regulations 1994 (the Regulations)

3. On 26 September 2021 and 28 October 2021, respectively, the Tribunal received evidence of police clearance certificates issued by the Australian Federal Police and the Police Headquarters in Colombo, Sri Lanka, cumulatively asserting that the applicant has no criminal history in either country. This means that the applicant satisfies public interest criterion 4001.

4. In light of this new evidence received, the Tribunal is satisfied that the criterion in cl.600.213(1) 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

   Luke Hardy
   Member