Maharjan (Migration)

[2021] AATA 4658

Maharjan (Migration) [2021] AATA 4658 (29 October 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Sangita Maharjan
Mr Dipesh Dangol

CASE NUMBER:  2113119

HOME AFFAIRS REFERENCE(S):          BCC2020/2847798

MEMBER:Sheridan Lee

DATE:29 October 2021

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named 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 29 October 2021 at 10:06 am

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) –evidence of criminal history – national police certificate provided to tribunal – no disclosable outcomes – no hearing necessary – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), ss 65, 360(2)(a)

Migration Regulations 1994 (Cth), Schedule 2, cl 485.216(1), Schedule 4, criterion 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 applicants Skilled (Provisional) (Class VC) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 18 December 2020. The delegate refused to grant the visas on 24 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 Sangita Maharjan on 18 December 2020 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 applicants 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 first named 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