Nacionales (Migration)

[2024] AATA 398

Nacionales (Migration) [2024] AATA 398 (26 February 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Mikhael Nacionales

CASE NUMBER:  2400611

HOME AFFAIRS REFERENCE(S):          BCC2023/6328514

MEMBER:Alan McMurran

DATE:26 February 2024

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 408 visa:

·cl 408.216 of Schedule 2 to the Regulations.

Statement made on 26 February 2024 at 9:43am

CATCHWORDS

MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – criminal history – Australian and overseas Police Clearance certificates provided upon review – decision under review remitted           

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 408.216

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 3 November 2023. The delegate refused to grant the visa on 5 January 2024.

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 Friday 2 February 2024, the applicant submitted a Police Clearance Certificate from the UAE, Dubai Police, dated 16 January 2024 and a certificate dated 17 January 2024, from the Philippines Department of Justice, National Bureau of Investigation. The applicant also submitted a completed Form 80 the same day with a copy of an AFP certificate dated 13 January 2024. No adverse outcomes were reported.

4. In light of the new evidence received, the tribunal is satisfied that the criterion referred to in the department’s decision as to character tests and security is now met. The tribunal has concluded accordingly that the matter should be remitted for reconsideration.

5. 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

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 408 visa:

   ·cl 408.216 of Schedule 2 to the Regulations.

   Alan McMurran
   Member