Cheung (Migration)

[2022] AATA 4080

Cheung (Migration) [2022] AATA 4080 (27 September 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Po Ting Cheung

REPRESENTATIVE:  Mr Stanley Chan (MARN: 0430097)

CASE NUMBER:  2211388

HOME AFFAIRS REFERENCE(S):          BCC2020/1709056

MEMBER:Sheridan Lee

DATE:27 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 27 September 2022 at 11:45 am

CATCHWORDS  
MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – character test – statement from an appropriate authority – Australian Federal Police certificate – no disclosable court outcomes – decision under review remitted 

LEGISLATION 
Migration Act 1958 (Cth), ss 65, 360 
Migration Regulations 1994 (Cth), Schedule 2, cl 408.216; 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 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 9 June 2020. The delegate refused to grant the visa on 27 July 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 issued to Po Ting Cheung on 25 August 2022, 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