Kumar (Migration)

[2022] AATA 4920

Kumar (Migration) [2022] AATA 4920 (16 December 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Archana Darshini Kumar

REPRESENTATIVE:  Ms Sheshni Sanjana Pal (MARN: 1804568)

CASE NUMBER:  2216150

HOME AFFAIRS REFERENCE(S):          BCC2022/1957043

MEMBER:Sean Baker

DATE:16 December 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:

·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 485.216 of Schedule 2 to the Regulations

Statement made on 16 December 2022 at 10:34am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa– Subclass 485 (Temporary Graduate)) visa – copy of a National Police Certificate provided– no disclosable outcomes recorded against the applicant – meets the requirements of Public Interest Criterion 4001 – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, r 2.03AA, Schedule 2, cl 485.216

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 18 October 2022. The delegate refused to grant the visa on 18 October 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 3 November 2022 the Tribunal received an Australian Federal Police (AFP) National Police Certificate dated 6 June 2022 in the name of the applicant, stating that there were no disclosable court outcomes recorded against the name of the applicant. In light of the new evidence received, the Tribunal is satisfied that r. 2.03AA(2)(a) is met as the applicant has now provided the Certificate as required.

4. The Tribunal will therefore remit the matter on this basis for the Department to consider the information contained in the Certificate and the remainder of Public Interest Criterion 4001 and cl 485.216.

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:

   ·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 485.216 of Schedule 2 to the Regulations.

   Sean Baker
   Member