Lam (Migration)

[2019] AATA 3901

Lam (Migration) [2019] AATA 3901 (2 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Duc Huu Lam

CASE NUMBER:  1921143

DIBP REFERENCE(S):  BCC2019/1269177

MEMBER:Warren Stooke AM

DATE:2 September 2019

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 02 September 2019 at 5:32pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 – Temporary Graduate Work Stream – National Police Certificate provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth) 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 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 13 March 2019. The delegate refused to grant the visa on 18 July 2019.

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 21 August 2019 the Tribunal received a National Police Certificate – Complete Disclosure (Name only) for the applicant.  In the 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:

   ·cl.485.216 of Schedule 2 to the Regulations

   Warren Stooke AM
   Member