Jang (Migration)

[2022] AATA 4476

Jang (Migration) [2022] AATA 4476 (2 November 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Jee-hee Jang

REPRESENTATIVE:  Mr Sherman Cheah (MARN: 0401418)

CASE NUMBER:  2200482

HOME AFFAIRS REFERENCE(S):          BCC2020/2429933

MEMBER:David McCulloch

DATE:2 November 2022

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 600 visa:

·cl 600.213(1) of Schedule 2 to the Regulations

Statement made on 02 November 2022 at 11:45am

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – evidence of criminal history – Australian National Police Certificate and Korean National Police Agency certification provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 600.213

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 Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 7 October 2021. The delegate refused to grant the visa on 23 December 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. Subsequently the applicant has provided to the Tribunal an Australian National Police Certificate dated 27 January 2022 and a Korean National Police Agency certification dated 6 September 2022 indicating no disclosable court outcomes in either jurisdiction.

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 600 visa:

   ·cl 600.213(1) of Schedule 2 to the Regulations

   David McCulloch
   Member