Acharya Poudel (Migration)

[2022] AATA 1900

Acharya Poudel (Migration) [2022] AATA 1900 (1 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Bandana Acharya Poudel
Mr Prithvi Raj Poudel

REPRESENTATIVE:  Mr Mohammad Shahadat Hossain (MARN: 1799395)

CASE NUMBER:  2206374

HOME AFFAIRS REFERENCE(S):          BCC2021/507063

MEMBER:Mary Sheargold

DATE:1 June 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

·Regulation 2.03AA for the purposes of Public Interest Criterion 4001 and cl 485.216(1) of Schedule 2 to the Regulations

Statement made on 01 June 2022 at 2:54pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – criminal history – National Police Immigration/Citizenship Certificates provided upon review – decision under review remitted           

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 485.216, r 2.03AA; Schedule 4, Public Interest Criterion 4001

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 applicants Skilled (Provisional) (Class VC) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 7 April 2021. The delegate refused to grant the visas on 13 April 2022.

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 17 May 2022, the Tribunal received copies of the National Police Certificates – Immigration/Citizenship for both applicants, both dated 14 May 2022.  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 applicants 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 reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

   ·Regulation 2.03AA for the purposes of Public Interest Criterion 4001 and cl 485.216(1) of Schedule 2 to the Regulations

   Mary Sheargold
   Member