Barton (Migration)

[2022] AATA 3702

Barton (Migration) [2022] AATA 3702 (20 September 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Nicola Barton

CASE NUMBER:  2212859

HOME AFFAIRS REFERENCE(S):          BCC2021/2189324

MEMBER:Sheridan Lee

DATE:20 September 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets public interest criterion 4001 for the purposes of cl 408.216 of Schedule 2 to the Migration Regulations 1994.

Statement made on 20 September 2022 at 4:09pm

CATCHWORDS
MIGRATION –Temporary Activity visa – Subclass 408 visa – National Police Certificate provided – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 408.216

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 Temporary Activity (Class GG) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 16 November 2021. The delegate refused to grant the visa on 11 August 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. The Tribunal received a National Police Certificate dated 25 February 2022 issued to the applicant, reporting no disclosable court outcomes. 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 applicant 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 applicant meets public interest criterion 4001 for the purposes of cl 408.216 of Schedule 2 to the Migration Regulations 1994.

   Sheridan Lee
   Member