Kowall (Migration)

[2021] AATA 5223

Kowall (Migration) [2021] AATA 5223 (21 October 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Lainey Kowall

CASE NUMBER:  2113679

HOME AFFAIRS REFERENCE(S):          BCC2020/424287

MEMBER:Sheridan Lee

DATE:21 October 2021

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the requirements of Public interest Criterion 4001 for the purposes of cl.485.216(1) of Schedule 2 to the Migration Regulations 1994

Statement made on 21 October 2021 at 10:57 am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – character test – statement from an appropriate authority – National Police Certificate – no disclosable court outcomes – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), 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 (the Act). The applicant applied for the visa on 13 February 2020. The delegate refused to grant the visa on 17 September 2021.

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. The Tribunal has before it a National Police Certificate issued to Lainey Kowall on 17 September 2021 reporting no disclosable court outcomes. 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.

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 applicant 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 applicant meets the requirements of Public interest Criterion 4001 for the purposes of cl.485.216(1) of Schedule 2 to the Migration Regulations 1994.

   Sheridan Lee
   Member