Kim (Migration)

[2022] AATA 3718

Kim (Migration) [2022] AATA 3718 (27 October 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Ju Hyun Kim
Mrs Eunjung Min
Master Joonyoung Kim
Miss Ahyoung Kim
Master Jaeyoung Kim

REPRESENTATIVE:  Ms Nicole Yoo

CASE NUMBER:  2214249

HOME AFFAIRS REFERENCE(S):          BCC2022/2083791

MEMBER:Mary Sheargold

DATE:27 October 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 408 visa:

·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 408.216(1) of Schedule 2 to the Regulations.

Statement made on 27 October 2022 at 5:41pm

CATCHWORDS
MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – criminal history statement – police clearances from home country for adult applicants provided to tribunal – no convictions – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulation 1994 (Cth), r 2.03AA(2)(a), Schedule 2, cl 408.216(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 applicants Temporary Activity (Class GG) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 8 June 2022. The delegate refused to grant the visas on 26 September 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 26 September 2022, the Tribunal received copies of Korean police clearances for the adult applicants, indicating no convictions against either of them.  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, including in relation to the secondary applicants.

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 applicants 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 first named applicant meets the following criteria for a Subclass 408 visa:

   ·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 408.216(1) of Schedule 2 to the Regulations.

   Mary Sheargold
   Member