Liew (Migration)

[2019] AATA 2388

Liew (Migration) [2019] AATA 2388 (9 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Shang Bing Liew

CASE NUMBER:  1908440

DIBP REFERENCE(S):  BCC2018/5752287

MEMBER:Mary Sheargold

DATE:9 May 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:

·Regulation 2.03AA(2).

Statement made on 09 May 2019 at 1:57pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Australian Federal Police Check provided – no criminal record in Australia – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 2.03AA(2)

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 20 December 2018. The delegate refused to grant the visa on 3 April 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 3 May 2019, the Tribunal received a Complete Disclosure AFP check issued to the applicant on 26 April 2019, indicating that he has no criminal record in Australia.

4. Accordingly, the Tribunal is satisfied that the applicant has now provided a statement from an appropriate authority and therefore meets r.2.03AA(2)(a), and has concluded that the matter should be remitted for reconsideration.

5. There is no evidence that the delegate made a request for the applicant to provide a completed approved Form 80, therefore the requirement in r.2.03AAA(2)(b) does not apply.

6. On the basis of the above findings, the Tribunal is satisfied that the applicant meets r.2.03AA(2).

   DECISION

7. 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).

   Mary Sheargold
   Member