Evans (Migration)

[2022] AATA 3875

Evans (Migration) [2022] AATA 3875 (20 October 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Eurlyn Brian Evans

REPRESENTATIVE:  Mr Joshua Timothy Sharman-Selvidge (MARN: 1910938)

CASE NUMBER:  2211158

HOME AFFAIRS REFERENCE(S):          BCC2021/1624312

MEMBER:Sean Baker

DATE:20 October 2022

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 408 visa:

·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 408.216(1) of Schedule 2 to the Regulations

Statement made on 20 October 2022 at 12:09pm

CATCHWORDS

MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – criminal history – Australian Federal Police National Police Certificate and Argentina criminal record certificate provided upon review – decision under review remitted       

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 408.216; Schedule 4, Public Interest Criterion 4001; r 2.03AA

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 21 August 2021. The delegate refused to grant the visa on 20 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. On 25 September 2022 the Tribunal received an Australian Federal Police (AFP) National Police Certificate dated 9 September 2022 in the name of the applicant, stating that there are no disclosable outcomes as well as a criminal record certificate of the Ministry of Justice and Human Rights of Argentina dated 8 September 2022. 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. I find that the applicant therefore satisfies Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and Regulation 408.216(1).

5. 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

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 408 visa:

   ·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 408.216(1) of Schedule 2 to the Regulations

   Sean Baker
   Member