Moore (Migration)

[2022] AATA 2939

Moore (Migration) [2022] AATA 2939 (18 May 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Edward Alan Moore

REPRESENTATIVE:  Mr Michael McCrudden

CASE NUMBER:  2203971

HOME AFFAIRS REFERENCE(S):          BCC2018/760012

MEMBER:Mary Sheargold

DATE:18 May 2022

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 457 visa:

·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 457.224(1) of Schedule 2 to the Regulations.

Statement made on 18 May 2022 at 3:22pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – criminal history – statement by an appropriate authority – National Police Certificate – Immigration/Citizenship – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 2.03AA; Schedule 2, cl 457.224; Schedule 4, PIC 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 Business Entry (Class UC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 15 February 2018. The delegate refused to grant the visa on 4 March 2022.

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 19 March 2022, the Tribunal received a National Police Certificate – Immigration/Citizenship – Australia dated 20 December 2021.   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 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 457 visa:

   ·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 457.224(1) of Schedule 2 to the Regulations.

   Mary Sheargold
   Member