Woolcott (Migration)

[2019] AATA 2229

Woolcott (Migration) [2019] AATA 2229 (9 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Marsha Evlyn Woolcott

CASE NUMBER:  1731272

DIBP REFERENCE(S):  BCC2017/4066722

MEMBER:James Lambie

DATE:9 May 2019

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal affirms the decision not to grant the applicant a Confirmatory (Residence) (Class AK) visa.

Statement made on 9 May 2019 at 12:11pm

CATCHWORDS
MIGRATION – Confirmatory (Residence) (Class AK) visa – Subclass 808 (Confirmatory) – did not hold relevant visa – held Visitor (FA-600) visa at time of application – does not qualify for Confirmatory visa – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 808.211

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 Immigration on 27 November 2017 to refuse to grant the visa applicant a Confirmatory (Residence) (Class AK) Subclass 808 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 30 October 2017. The delegate refused to grant the visa on the basis that none of the criteria in clause 808.211 of the Migration Regulations were met.

3. The applicant was represented in relation to the review by her registered migration agent.

4. The applicant declined to attend a hearing but submitted a written summary of her circumstances and requested that her application be determined on the papers. She acknowledges that she does not meet the criteria in clause 808.211 and accepts that the Tribunal will have no choice but to affirm the delegate’s decision. She intends to seek ministerial intervention on compassionate grounds relating to her three young children, who are Australian citizens.

5. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. The issue in the present case is whether the applicant meets any of the criteria for the grant of a Subclass 808, found in clause 808.211.

7. The applicant is a citizen of Papua New Guinea.  At the time of application, the applicant held a Visitor (FA-600) visa, valid until 31 October 2017.  She has been in Australia on a bridging visa since that time.  In order to qualify for the confirmatory visa, she must be the holder of one of the following:

   ·a Resident Return (Temporary) (Class TP) visa:  cl. 808.211(a);

   ·an Emergency (Temporary) (Class TI) visa:  cl. 808.211(b);

   ·a Border (Temporary) (Class TA) visa:  cl. 808.211(c); or

   ·a Class 301 (Australian requirement) entry permit or visa granted under the Migration (1993) Regulations and have satisfied the criteria referred to in paragraph 301.321(b) of those Regulations.

8. The applicant acknowledges that she holds or has held none of these visas.  Accordingly, the grounds for the grant of a Confirmatory (Residence) Visa are not met.

   DECISION

9. The Tribunal affirms the decision of the delegate to refuse the visa.

   James Lambie
   Senior Member