Kim (Migration)

The Administrative Appeals Tribunal considered the case of Kim, an applicant for a Subclass 186 Employer Nomination (Permanent) visa, Temporary Residence Transition stream. The dispute centred on whether the applicant had provided a completed Form 80, Personal Particulars for Assessment including Character Assessment, as requested by the Department of Home Affairs.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the requirement to provide a completed approved Form 80. The Tribunal also had to consider the implications of the applicant's failure to provide this document within the stipulated timeframes, despite requests for extensions.

The Tribunal noted that the Department had requested the Form 80 on 2 March 2017, with an initial response timeframe of 28 days. Extensions were subsequently granted, with the final due date for information being 2 May 2017. The Department made its decision on 17 May 2017. The Tribunal itself, on 9 December 2019, invited the applicant to comment on information indicating a failure to provide the completed Form 80, noting there was no evidence before it that the form had been submitted. The Tribunal found that there was no evidence that the applicant had provided a completed approved Form 80.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant meets the criteria under Regulation 2.03AA(2)(b) for a Subclass 186 visa.