Ghimire (Migration)

[2022] AATA 4072

Ghimire (Migration) [2022] AATA 4072 (26 September 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Biswas Ghimire
Mrs Ruja Khatri Ghimire

REPRESENTATIVE:  Mr Prakash Thapa (MARN: 1576745)

CASE NUMBER:  2211227

HOME AFFAIRS REFERENCE(S):          BCC2021/1919052

MEMBER:Sheridan Lee

DATE:26 September 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that:

·the first named applicant meets public interest criterion 4001 for the purposes of cl 408.216 of Schedule 2 to the Migration Regulations 1994.

·the second named applicant meets public interest criterion 4001 for the purposes of cl 408.317 of Schedule 2 to the Migration Regulations 1994.

Statement made on 26 September 2022 at 5:19 pm

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, cls 408.216, 408.317; 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 applicants Temporary Activity (Class GG) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 8 October 2021. The delegate refused to grant the visas on 29 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 3 August 2022, the Tribunal received National Police Certificates for each of the applicants 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 applicants 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 first named applicant meets public interest criterion 4001 for the purposes of cl 408.216 of Schedule 2 to the Migration Regulations 1994.

   ·the second named applicant meets public interest criterion 4001 for the purposes of cl 408.317 of Schedule 2 to the Migration Regulations 1994.

   Sheridan Lee
   Member