Jellema (Migration)

[2022] AATA 1726

Jellema (Migration) [2022] AATA 1726 (1 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Lyanne Jellema

REPRESENTATIVE:  Mr Mark Sekerin (MARN: 1383419)

CASE NUMBER:  2206514

HOME AFFAIRS REFERENCE(S):          BCC2021/2356440

MEMBER:Mary Sheargold

DATE:1 June 2022

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 482 visa:

·Public Interest Criterion 4001 for the purposes of cl 482.217(1) of Schedule 2 to the Regulations.

Statement made on 01 June 2022 at 7:29am

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – criminal history – statement by an appropriate authority – National Police Certificate – Immigration/Citizenship – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 482.217; 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 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 7 December 2021. The delegate refused to grant the visa on 14 April 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 16 May 2022, the Tribunal received a copy of the applicant’s National Police Certificate – Immigration/Citizenship dated 13 May 2022.  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:

   ·Public Interest Criterion 4001 for the purposes of cl 482.217(1) of Schedule 2 to the Regulations.

   Mary Sheargold
   Member