Kaur (Migration)

[2018] AATA 2887

Kaur (Migration) [2018] AATA 2887 (29 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Kirandeep Kaur
Mr Jarmanjeet Singh

CASE NUMBER:  1815752

DIBP REFERENCE(S):  BCC2018/1166008

MEMBER:Ian Berry

DATE:29 June 2018

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 485 visa:

·Regulation 2.03AA(2) of the Migration Regulations 1994.

Statement made on 29 June 2018 at 9:49am

CATCHWORDS
Migration – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Evidence of criminal history – National Police Certificate supplied – Decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 2.03A, Schedule 4 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 applicants Skilled (Provisional) (Class VC) visas under s.65 of the Migration Act 1958 (the Act).

2. The applicants applied for the visas on 12 March 2018.  The criteria for a Skilled (Provisional) (Class VC) visa are set out in schedule 2 to the Migration Regulations 1994 (Regulations).  Additional criteria are prescribed in Division 2.1 of Part 2 of the Regulations.

3. Regulation 2.03AA of the Regulations applies where a person is required to satisfy Public Interest Criterion (PIC) 4001 or 4002: Refer to Regulation 2.03AA(1).  In this case, Regulation 2.03AA(2)(a) of the Regulations require the applicants to meet PIC 4001.  The applicants are therefore required to satisfy the criterion in regulation 2.03AA(2).

4. Regulation 2.03AA(2)(a) requires that, if requested, the applicants have provided a statement from a relevant authority in a country where the person resides or has resided (in this case Australia) provides evidence about whether or not the person has a criminal history.  Regulation 2.03AA(2)(b) requires that, if requested, the applicants have provided a completed approved Form 80.

5. The delegate refused to grant the visas on 29 May 2018, on the basis that evidence of criminal history was not provided as required in order to satisfy a criterion for the grant of the visa under the Regulations. The delegate has made that request in accordance with regulation 2.03AA. In the light of new evidence received which is set out in paragraph 6 in this decision, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

6. On 31 May 2018 the Tribunal received a National Police Certificate from the Australian Federal Police in respect of Mrs Kireendeep Kaur bearing receipt number 1052 5167, and a National Police Certificate from the Australian Federal Police in respect of Mr Jarmanjeet Singh bearing receipt number 10522605.

7. Both the Certificates certified that there was no disclosable court outcomes recorded against either of the applicants in the records of the Australian Federal Police and other State and Territory police bodies.

8. There is no evidence that the delegate made a request for the applicants to provide a completed approved Form 80, therefore the requirement in regulation 2.03AA(2)(b) does not apply.

9. 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

10. The Tribunal remits the application for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 485 visa:

    ·Regulation 2.03AA(2) of the Migration Regulations 1994.

    Ian Berry
    Member