Bhatta (Migration)

[2022] AATA 2409

Bhatta (Migration) [2022] AATA 2409 (12 July 2022)

Corrigendum

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Devaki Bhatta
Mr Sudarsan Rayamajhi

REPRESENTATIVE:  Mr Sushesh Khanal (MARN: 1678926)

CASE NUMBER:  2205939

HOME AFFAIRS REFERENCE(S):          BCC2021/1512007

MEMBER:Namoi Dougall

DATE OF DECISION:  12 July 2022

DATE CORRIGENDUM

SIGNED:1 August 2022

PLACE OF DECISION:  Sydney

AMENDMENT:  The following corrections are made to the decision:

• In paragraph 3- “14 April 2021” should be replaced with “8 December 2021”

Namoi Dougall
Member

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Devaki Bhatta
Mr Sudarsan Rayamajhi

REPRESENTATIVE:  Mr Sushesh Khanal (MARN: 1678926)

CASE NUMBER:  2205939

HOME AFFAIRS REFERENCE(S):          BCC2021/1512007

MEMBER:Namoi Dougall

DATE:12 July 2022

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 485 visa:

·Regulation 2.03AA(2)(a).

Statement made on 12 July 2022 at 1:39pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – character test – criminal history statements – AFP national police certificates provided to tribunal – no disclosable court outcomes – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), r 2.03AA(2)(a)

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 2 August 2021. The delegate refused to grant the visas on 14 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 14 April 2021, the Department sought Australian Federal Police National Police Certificates from the applicants.

4.    On 14 April 2022, the Tribunal received a National Police Certificates dated 29 July 2021 certifying that there are no disclosable Court outcomes in relation to the applicants.

5.    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.

6.    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

7.    The Tribunal remits the applications for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 485 visa:

·Regulation 2.03AA(2)(a).

Namoi Dougall
Member