Zhang (Migration)

[2023] AATA 2256

Zhang (Migration) [2023] AATA 2256 (17 July 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Xuan Zhang

REPRESENTATIVE:  Mrs May Mansour

CASE NUMBER:  2300838

HOME AFFAIRS REFERENCE(S):          BCC2020/2909671

MEMBER:Jane Marquard

DATE:17 July 2023

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 of Schedule 2 to the Regulations

Statement made on 17 July 2023 at 10:22am

CATCHWORDS
MIGRATION – Visitor (Temporary) (Class FA) visa – Subclass 600 (Visitor) – valid passport not provided to department – provided to tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 600.213, Schedule 4, criterion 4021

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 (Cth) (the Act). The applicant applied for the visa on 31 December 2020. The delegate of the Department of Home Affairs (the Department) refused to grant the visa on 10 January 2023.

   DECISION OF THE DEPARTMENT

2. The delegate of the Department made the decision to refuse the visa on the basis that a valid passport was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

   FINDINGS

3. Clause 600.213 of Schedule 2 to the Regulations requires that the applicant satisfies several public interest criteria including Public Interest Criterion 4021. Public Interest Criterion 4021 requires that the applicant hold a valid passport unless it would be unreasonable to require the applicant to hold a passport.

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 based on the material before it, pursuant to s 360(2)(a) of the Act.

5. The Department requested that a passport be provided by the applicant to the Department but it was not provided.

6. On 7 June 2023 the Tribunal received a copy of the applicant’s passport. The passport was issued in Guangdong, China, on 31 January 2023 and is valid until 30 January 2028.

7. Considering the new evidence received, the Tribunal is satisfied that Public Interest Criterion 4021 is met. The Tribunal is satisfied therefore that the applicant meets Clause 600.213 of Schedule 2 to the Regulations, and has concluded that the matter should be remitted for reconsideration.

   DECISION

8. 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 of Schedule 2 to the Regulations

   Jane Marquard
   Member