Mallon (Migration)

[2021] AATA 4118

Mallon (Migration) [2021] AATA 4118 (26 August 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Megan Ann Mallon

CASE NUMBER:  1907785

HOME AFFAIRS REFERENCE(S):          BCC2018/2882554

MEMBER:Bridget Cullen

DATE:26 August 2021

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 482 visa:

·PIC 4020(2) for the purposes of cl.482.217(1) of Schedule 2 to the Regulations

Statement made on 26 August 2021 at 10.32am

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – false or misleading information – partner’s visa application remitted – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 482.217; Schedule 4, PIC 4020

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 GK – Temporary Skill Shortage (Class GK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 1 August 2018. The delegate refused to grant the visa on 13 March 2019.

2. The delegate made the decision on the basis that the applicant’s partner was refused a visa for failing to meet Public Interest Criterion (‘PIC’) 4020 as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 26 August 2021, the Tribunal remitted the application for review lodged by the applicant’s partner in case 1903597, on the basis that the applicant met PIC 4020. In light of this, the Tribunal is satisfied that the applicant meets PIC 4020(2).

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 following criteria for a Subclass 482 visa:

   ·Public Interest Criterion 4020(2) for the purposes of cl.482.217(1) of Schedule 2 to the Regulations

   Bridget Cullen
   Member