Kongsanoon (Migration)

[2022] AATA 1894

Kongsanoon (Migration) [2022] AATA 1894 (21 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Pimkan Kongsanoon

REPRESENTATIVE:  Mrs Mayurachat Gifford (MARN: 1790249)

CASE NUMBER:  2202843

HOME AFFAIRS REFERENCE(S):          BCC2021/1407621

MEMBER:Tim Connellan

DATE:21 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 485 visa:

·cl 485.216 of Schedule 2 to the Regulations

Statement made on 21 April 2022 at 2:36pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – criminal history – statement by an appropriate authority – evidence of an AFP check – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), r 2.03AA; Schedule 2, cl 485.216; Schedule 4, PIC 4001

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 Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 13 July 2021. The delegate refused to grant the visa on 11 February 2022.

2. The delegate made the decision on the basis that evidence of a current Australian Police Check 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 10 March 2022 the Tribunal received evidence of an AFP check taken 1 March 2022 (Doc ID: 4524577).

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 485 visa:

   ·cl 485.216 of Schedule 2 to the Regulations

   Tim Connellan
   Member