Meimban (Migration)

[2023] AATA 1301

Meimban (Migration) [2023] AATA 1301 (10 May 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Anajepia Meimban

CASE NUMBER:  2305296

HOME AFFAIRS REFERENCE(S):          BCC2023/1311729

MEMBER:Mary Sheargold

DATE:10 May 2023

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 408 visa:

·Reg 2.03AA(2) for the purposes of Public Interest Criterion 4001 and cl 408.216(1) of Schedule 2 to the Regulations

Statement made on 10 May 2023 at 10:32am

CATCHWORDS
MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – evidence of criminal history – digital national police certificate provided to tribunal – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulation 1994 (Cth), r 2.03AA(2), Schedule 2, cl 408.216(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 applicant a Temporary Activity (Class GG) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 23 February 2023. The delegate refused to grant the visa on 31 March 2023.

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 (Cth) (the Regulations).

3. On 4 May 2023, the Tribunal received a copy of the applicant’s Digital National Police Certificate – Immigration/Citizenship Name Check Only dated 26 April 2023 as well as a completed Form 80.  In light of the new evidence received, the Tribunal is satisfied that the requirements of r.2.03AA(2) are 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 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 408 visa:

   ·Reg 2.03AA(2) for the purposes of Public Interest Criterion 4001 and cl 408.216(1) of Schedule 2 to the Regulations

   Mary Sheargold
   Member