KALYANGKURA (Migration)

[2017] AATA 2056

KALYANGKURA (Migration) [2017] AATA 2056 (23 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr KARAN KALYANGKURA

CASE NUMBER:  1609674

DIBP REFERENCE(S):   CLF2016/41882 BCC2015/2984077

MEMBER:Antonio Dronjic

DATE:23 October 2017

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 402 visa:

·Public Interest Criteria 4001 for the purposes of meeting cl.402.316 of Schedule 2 to the Regulations.

Statement made on 23 October 2017 at 12:01pm

CATCHWORDS

Migration – Training and Research (Class GC) visa – Subclass 402 – Public Interest Criteria 4001 Character test – Police clearance provided

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl.402.316

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 a GC – Training and Research (Class GC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 12 October 2015. The delegate refused to grant the visa on 20 June 2016.

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 (the Regulations).

3. On 29 June 2016 the Tribunal received the applicant’s police clearance from Thailand dated 26 May 2016. On 20 October 2017, the tribunal received the applicant’s police clearance from Australia. 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.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 402 visa:

   ·Public Interest Criteria 4001 for the purposes of meeting cl.402.316 of Schedule 2 to the Regulations.

   Antonio Dronjic
   Member