Bhatti (Migration)

[2018] AATA 2659

Bhatti (Migration) [2018] AATA 2659 (12 June 2018)

ECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Prabhjot Singh Bhatti

CASE NUMBER:  1813430

DIBP REFERENCE(S):  BCC2018/541923

MEMBER:Antonio Dronjic

DATE:12 June 2018

PLACE OF DECISION:  Melbourne

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

·PIC 4001 for the purposes of meeting cl.485.216 (1) of Schedule 2 to the Regulations.

Statement made on 12 June 2018 at 4:23pm

CATCHWORDS
Migration – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Evidence of criminal history not provided to the Department – Relevant evidence subsequently provided to the Tribunal – Decision remitted with direction

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 485.216, Schedule 4, PIC 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 Immigration to refuse to grant the applicant a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 1 February 2018. The delegate refused to grant the visa on 2 May 2018.

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 (the Regulations).

3. On 9 May 2018, the Tribunal received the National Police Check issued by the Australian Federal Police dated 24 January 2018. 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.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

   ·PIC 4001 for the purposes of meeting cl.485.216 (1) of Schedule 2 to the Regulations

   Antonio Dronjic
   Member