Gallagher (Migration)

[2024] AATA 723

Gallagher (Migration) [2024] AATA 723 (4 March 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Eamon Patrick Gallagher

REPRESENTATIVE:  Ms Mairead OConnor (MARN: 1460659)

CASE NUMBER:  2401678

HOME AFFAIRS REFERENCE(S):          BCC2022/3203803

MEMBER:Namoi Dougall

DATE:4 March 2024

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 482 visa:

·Regulation 2.08AA

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – criminal history statement – AFP digital national police certificate provided – no disclosable court outcomes – decision made without hearing necessary – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), ss 65, 360(2)(a)

Migration Regulation 1994 (Cth), r 2.08AA

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 (Cth) (the Act). The applicant applied for the visa on 13 August 2022. The delegate refused to grant the visa on 15 January 2024.

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 19 February 2024, the Tribunal received from the applicant a Digital National Police Certificate from the Australian Federal Police dated 19 February 2024indicating that the applicant has no disclosable court outcomes recorded against his name.  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:

   ·Regulation 2.08AA

   Namoi Dougall
   Member