Fang (Migration)

[2022] AATA 883

Fang (Migration) [2022] AATA 883 (12 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Yuzhuo Fang

REPRESENTATIVE:  Ms Yue Sun (MARN: 1687292)

CASE NUMBER:  2202715

HOME AFFAIRS REFERENCE(S):          BCC2021/1161456

MEMBER:Tim Connellan

DATE:12 April 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 485 visa:

·cl 485.216 of Schedule 2 to the Regulations

Statement made on 12 April 2022 at 2:51pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa– Subclass 485 (Temporary Graduate)) visa – evidence of a current Australian Federal Police check provided – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 485.216

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 Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 29 May 2021. The delegate refused to grant the visa on 10 February 2022.

2. The delegate made the decision on the basis that evidence of a current Australian Federal Police check 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 8 March 2022 the Tribunal received an AFP check dated 28 February 2022 (Doc ID: 9518811) which satisfies the requirements.

4. 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.

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 485 visa:

   ·cl 485.216 of Schedule 2 to the Regulations

   Tim Connellan
   Member