Kim (Migration)

[2018] AATA 3908

Kim (Migration) [2018] AATA 3908 (15 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Heeyeon Kim

CASE NUMBER:  1820313

DIBP REFERENCE(S):  BCC2018/2118680

MEMBER:Sheridan Lee

DATE:15 August 2018

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 485 visa:

·Public Interest Criteria 4001 for the purposes of cl.485.216 of Schedule 2 to the Regulations.

Statement made on 15 August 2018 at 12:14pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – evidence of criminal history – complete disclosure certificate provided – no disclosable court outcomes – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 485.216, 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 applicant a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 16 May 2018. The delegate refused to grant the visa on 10 July 2018.

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 13 July 2018, the Tribunal received a complete disclosure certificate issued by the Australian Federal Police on 16 May 2018 certifying that there are no disclosable court outcomes recorded against the applicant. 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 485 visa:

   ·Public Interest Criteria 4001 for the purposes of cl.485.216 of Schedule 2 to the Regulations.

   Sheridan Lee
   Member