Karavasilis (Migration)

[2022] AATA 1489

Karavasilis (Migration) [2022] AATA 1489 (1 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Panagiotis Karavasilis

REPRESENTATIVE:  Ms Rebecca Santaera (MARN: 1173748)

CASE NUMBER:  2119751

HOME AFFAIRS REFERENCE(S):          BCC2020/2172164

MEMBER:Scott Clarey

DATE:1 April 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:

·cl 482.217(1) of Schedule 2 to the Regulations

Statement made on 1 April 2022 at 12:05pm

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – criminal history statements – certificates from Australia and home country provided to tribunal – no disclosable court outcomes – decision made without hearing necessary – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), ss 65, 360(2)(a)

Migration Regulations 1994 (Cth), Schedule 2, cl 482.217(1)

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 26 August 2020. The delegate refused to grant the visa on 13 December 2021.

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 8 February 2022 the Tribunal received a national police certificate issued by the AFP (on 18 January 2022) relating to the applicant. The certificate stated that there were no disclosable court outcomes recorded against the applicant’s name. On 17 February 2022, the Tribunal received a ‘copy of criminal records’ certificate issued by the Greek Ministry of Justice on 25 August 2020. The certificate indicated that the applicant has ‘no criminal history’ in Greece. I note that although the Greek certificate was issued more than 12 months ago, Departmental movement records indicate that the applicant has not departed Australia since November 2013.

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 482 visa:

   ·cl 482.217(1) of Schedule 2 to the Regulations

   Scott Clarey
   Member