Asan (Migration)

[2021] AATA 4073

Asan (Migration) [2021] AATA 4073 (14 October 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Chenceriya Asan

CASE NUMBER:  1930940

HOME AFFAIRS REFERENCE(S):          BCC2019/4835296

MEMBER:Luke Hardy

DATE:14 October 2021

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 462 visa:

·cl. 462.219(d) of Schedule 2 to the Regulations.

Statement made on 14 October 2021 at 10:45am

CATCHWORDS

MIGRATION – Work and Holiday (Temporary) (Class US) visa – Subclass 462 (Work and Holiday) – 6 months of specified eligible work – evidence of payslips provided upon review – decision under review remitted          

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cls 462.219

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 Work and Holiday (Temporary) (Class US) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 26 September 2019. The delegate refused to grant the visa on 1 October 2019.

2. The delegate made the decision on the following basis:

   As stipulated in Regulation 462.219(d), for specified Subclass 462 work to be considered eligible for the purposes of this application, work must have been completed on or after 1 July 2019 for a period of 6 months. The applicant does not meet this requirement as [she has] not completed a period of 6 months of specified Subclass 462 work on or after 1 July 2019. The applicant, at most, has completed 94 days of work after 1 July 2019, at the time of lodging [her] application.

3. For this reason, the delegate found that the applicant did not satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

4. On 22 October 2020, the Tribunal received evidence of payslips covering a period in excess of 6 of specified work (hospitality) conducted from 1 July 2019. The evidence also shows that the work was performed in northern, remote or very remote Australia. 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.

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 462 visa:

   ·cl. 462.219(d) of Schedule 2 to the Regulations

   Luke Hardy
   Member