Yasa (Migration)

[2021] AATA 4402

Yasa (Migration) [2021] AATA 4402 (27 October 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Adem Yasa

VISA APPLICANT:  Ms Sok Khim Seng

CASE NUMBER:  2002363

HOME AFFAIRS REFERENCE(S):          BCC2019/1010638

MEMBER:M. Edgoose

DATE:27 October 2021

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 309 visa:

·cl.309.213 of Schedule 2 to the Regulations

Statement made on 27 October 2021 at 8:55am

CATCHWORDS

MIGRATION – Partner (Provisional) (Class UF) visa – Subclass 309 (Partner (Provisional)) – evidence of sponsorship – genuine and continuing relationship – decision under review remitted        

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 309.213

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 Partner (Provisional) (Class UF) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 28 February 2019. The delegate refused to grant the visa on 14 January 2020.

2. The delegate made the decision on the basis that evidence of sponsorship for the visa application was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 26 October 2021 the Tribunal received evidence via email that the review applicant had completed a statutory declaration dated 26 October 2021 that he was the sponsor of the visa application and that he is in a genuine and continuing relationship with the visa 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. Given that the Tribunal has made this decision it is now for the Department to determine if the applicant’s meet the other requirements as set out in Subclass 309.

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 309 visa:

   ·cl.309.213 of Schedule 2 to the Regulations

   M. Edgoose
   Member