Gilmour (Migration)

[2021] AATA 969

Gilmour (Migration) [2021] AATA 969 (17 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Melissa Gilmour

CASE NUMBER:  2000119

HOME AFFAIRS REFERENCE(S):          BCC2019/3343336

MEMBER:Nora Lamont

DATE:17 February 2021

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 462 visa:

·cl.462.218(c)of Schedule 2 to the Regulations

Statement made on 17 February 2021 at 9:49am

CATCHWORDS
MIGRATION – Work and Holiday (Temporary) (Class US) visa – Subclass 462 (Work and Holiday) – carried out specified work – new evidence received – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 462.218

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 Work and Holiday (Temporary) (Class US) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 3 July 2019. The delegate refused to grant the visa on 19 December 2019.

2. The delegate made the decision on the basis that bank transactions statements or payments to the Australian Tax Office were not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 30 September 2020 the Tribunal received tax file forms, financial records, documents related to the applicant’s time working at PK’s and a submission from the applicant. 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 462 visa:

   ·cl.462.218(c) of Schedule 2 to the Regulations

   Nora Lamont
   Member