Manne (Migration)

[2019] AATA 1089

Manne (Migration) [2019] AATA 1089 (21 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Srikanth Manne

CASE NUMBER:  1909325

DIBP REFERENCE(S):  BCC2018/5843502

MEMBER:Cathrine Burnett-Wake

DATE:21 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 21 May 2019 at 9:37am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 – Temporary Graduate (Post-Study Work) stream – Complete Disclosure Australian Federal Police check provided – no criminal record in Australia – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, 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 27 December 2018. The delegate refused to grant the visa on 5 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 7 May 2019 the Tribunal received a Complete Disclosure Australian Federal Police check issued to the applicant on 10 April 2019, indicating he has no criminal record in Australia.

   Conclusion

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.2.03AA(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 a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

   • Regulation 2.03AA(2)

   Cathrine Burnett-Wake
   Member