Bosanquet (Migration)

[2020] AATA 2516

Bosanquet (Migration) [2020] AATA 2516 (29 April 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr David John Bosanquet

CASE NUMBER:  1929433

HOME AFFAIRS REFERENCE(S):          BCC2019/243065

MEMBER:Phoebe Dunn

DATE:29 April 2020

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 482 visa:

·cl.482.217(1) of Schedule 2 to the Regulations

Statement made on 29 April 2020 at 10:41am

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – Spanish Police clearance Certificate provided – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 482.217

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 GK – Temporary Skill Shortage (Class GK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 29 January 2019. The delegate refused to grant the visa on 30 September 2019.

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 18 December 2019, the Tribunal received a copy of a Spanish Police clearance certificate from the Spanish Central Criminal Records Office, attested to in Madrid on 25 November 2019 and stamped with the seal of the Ministry of Justice, stating the the applicant did not have any pending charges in that jurisdiction. The document was translated into English and certified by an accredited NAATI Translator on 15 December 2019 and confirmed to be genuine.  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 the following criteria for a Subclass 482 visa:

   ·cl.482.217(1) of Schedule 2 to the Regulations

   Phoebe Dunn
   Member