Hung (Migration)

[2017] AATA 2799

Hung (Migration) [2017] AATA 2799 (23 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Tak Tai Hung

CASE NUMBER:  1716118

DIBP REFERENCE(S):  CLF2017/75586

MEMBER:Katie Malyon

DATE:23 November 2017

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 407 visa:

·Public Interest Criterion 4001 for the purposes of cl.407.219A of Schedule 2 to the Regulations

Statement made on 23 November 2017 at 12:21 pm

CATCHWORD
Migration – Training (Class GF) visa – Subclass 407 (Training) – Certificate of No Criminal Conviction – AFP Certificate

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 407.219A, PIC4001

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 Immigration to refuse to grant the applicant, Mr Tak Tai Hung, a Training (Class GF) visa under s.65 of the Migration Act 1958 (the Act).  

2. Mr Hung applied for the visa on 6 March 2017.  The delegate refused to grant the visa on 24 July 2017 because insufficient evidence of Mr Hung’s criminal history was provided to enable the delegate to assess if he satisfied a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).  The delegate refused to grant the visa because Mr Hung could not be assessed against Public Interest Criterion (PIC) 4001 and, therefore, cl.407.219A of Schedule 2 to the Regulations could not be considered met.

   Consideration of claims and evidence

3. The issue in the present case is whether Mr Hung meets PIC 4001 as required by cl.407.219A of Schedule 2 of the Regulations.

4. Essentially, PIC 4001 provides that the applicant must satisfy the Minister that either they have passed the character test or the Minister is satisfied that, after making appropriate enquiries, there is nothing to indicate the person would fail to pass the character test. 

5. On 20 October 2017, the Tribunal received Mr Hung’s Certificate of No Criminal Conviction issued by Hong Kong Police Headquarters dated 24 August 2017.  Having reviewed the Department’s file, the Tribunal is satisfied that Mr Hung has already provided a copy of his Australian Federal Police (AFP) certificate confirming no disclosable Court outcomes in the records of the AFP and the police in all Australian States and Territories.  Mr Hung has only lived in Australia and Hong Kong in the last 10 years. 

6. In light of the new evidence received, the Tribunal is satisfied that PIC 4001 is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

7. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 407 visa:

   ·Public Interest Criterion 4001 for the purposes of cl.407.219A of Schedule 2 to the Regulations

   Katie Malyon

   
   Member