Namsraidorj (Migration)

[2022] AATA 2404

Namsraidorj (Migration) [2022] AATA 2404 (12 July 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Dulguun Namsraidorj
Mr Davaadalai Jargalsaikhan

REPRESENTATIVE:  Mr Edward Rimmington (MARN: 1688177)

CASE NUMBER:  2205737

HOME AFFAIRS REFERENCE(S):          BCC2020/1676538

MEMBER:Namoi Dougall

DATE:12 July 2022

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 485 visa:

·Regulation 2.03AA(2)(a).

Statement made on 12 July 2022 at 1:04pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – character test – criminal history statements – AFP national police certificates provided to tribunal – no disclosable court outcomes – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), r 2.03AA(2)(a)

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 applicants Skilled (Provisional) (Class VC) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 3 June 2020. The delegate refused to grant the visas on 31 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 27 October 2021, the Department sought Australian Federal Police National Police Certificates from the applicants.

4. On 28 June 2022, the Tribunal received a National Police Certificates dated 22 June 2022 for the first named applicant and 27 June 2022 for the second named applicant certifying that there are no disclosable Court outcomes in relation to the applicants.

5. 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.

6. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   DECISION

7. The Tribunal remits the application for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 485 visa:

   ·Regulation 2.03AA(2)(a).

   Namoi Dougall
   Member