Villarba (Migration)

[2022] AATA 2781

Villarba (Migration) [2022] AATA 2781 (24 May 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Gladee Roselaine Villarba

REPRESENTATIVE:  Mr Peter Michalopoulos (MARN: 1569075)

CASE NUMBER:  1836898

HOME AFFAIRS REFERENCE(S):          BCC2015/3086222

MEMBER:Justin Meyer

DATE:24 May 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Partner (Temporary) (Class UK) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 820 visa:

·Regulation 2.03AA(2)

Statement made on 24 May 2022 at 11:48am

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – criminal history – statement by an appropriate authority – National Police Service of Kenya Police Clearance Certificate – Australian Federal Police Certificate – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), r 2.03AA

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 Partner (Temporary) (Class UK) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 21 October 2015. The delegate refused to grant the visa on 6 December 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 (Cth) (the Regulations).

3. On 28 August 2019 the Tribunal received National Police Service of Kenya Police Clearance Certificate showing nil records for the applicant dated 23 August 2019 and an Australian Federal Police Certificate of 26 March 2019 showing no disclosable court outcomes for the applicant. 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 a Partner (Temporary) (Class UK) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 820 visa:

   ·Regulation 2.03AA(2).

   Justin Meyer
   Member

   
   

   Justin Meyer
   Member