Benjaminsen (Migration)

[2024] AATA 1633

Benjaminsen (Migration) [2024] AATA 1633 (21 April 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Veronika Benjaminsen
Mr Alex Miller Foxton

REPRESENTATIVE:  Mr Gregory Newton Newton (MARN: 1173844)

CASE NUMBER:  2400802

HOME AFFAIRS REFERENCE(S):          BCC2023/6312180

MEMBER:Angela Julian-Armitage

DATE:21 April 2024

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 408 visa:

·cl 408.216 of Schedule 2 to the Regulations

·cl 408.311 of Schedule 2 to the Regulations

Statement made on 21 April 2024 at 1:54pm

CATCHWORDS
MIGRATION –Temporary Activity visa – Subclass 408 visa – Tribunal received an Australian Federal Police check for both applicants – decision under review remitted   

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cls 408.216, 408.311

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 Temporary Activity (Class GG) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 2 November 2023. The delegate refused to grant the visas on 9 January 2024.

2. The delegate made the refusal decision on the basis that evidence of criminal history had not been provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 20 March 2024, the Tribunal received an Australian Federal Police check for both applicants dated 18 January 2024. This also included a Police Check from the Republic of Ireland dated 26 January 2024 and a Norway Police Check dated 16 January 2024. 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 408 visa:

   ·cl 408.216 of Schedule 2 to the Regulations

   ·cl 408.311 of Schedule 2 to the Regulations

   Angela Julian-Armitage
   Member