Zawarus (Migration)

[2019] AATA 2813

Zawarus (Migration) [2019] AATA 2813 (21 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Marian Zawarus

VISA APPLICANT:  Mrs Krystyna Kozak-Zawarus

CASE NUMBER:  1900874

DIBP REFERENCE(S):  BCC2016/2121987

MEMBER:Mark O'Loughlin

DATE:21 May 2019

PLACE OF DECISION:  Adelaide

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

·cl.309.225 of Schedule 2 to the Regulations

Statement made on 21 May 2019 at 9:36am

CATCHWORDS
MIGRATION – Partner (Provisional) (Class UF) visa – Subclass 309 (Spouse (Provisional)) – evidence of clear criminal record provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 309.225

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 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 21 June 2016. The delegate refused to grant the visa on 7 November 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 (the Regulations).

3. On 20 May 2019 the Tribunal received an apparently genuine copy of a document from the Polish Ministry of Justice, together with a certified translation, showing that as at 9 May 2019 the visa applicant, Mrs Krystyna Kozak-Zawarus, does not appear in the Register of National Criminal Record. 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.

   DECISION

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

   ·cl.309.225 of Schedule 2 to the Regulations

   Mark O'Loughlin
   Member