Nandini (Migration)

[2021] AATA 4720

Nandini (Migration) [2021] AATA 4720 (3 November 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Nandini

CASE NUMBER:  2113089

HOME AFFAIRS REFERENCE(S):          BCC2018/4244441

MEMBER:Sheridan Lee

DATE:3 November 2021

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets Public Interest Criterion 4001 for the purposes of cl 485.216(1) of Schedule 2 to the Migration Regulations 1994

Statement made on 3 November 2021 at 11:30 am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa– Subclass 485 (Temporary Graduate)) visa –copy of a National Police Certificate provided– no disclosable outcomes recorded against the applicant – decision under review remitted

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 485.216

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 Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 29 September 2018. The delegate refused to grant the visa on 20 September 2021.

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. The Tribunal has before it a National Police Certificate issued to Nandini on 6 October 2021 reporting no disclosable court outcomes. 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 Public Interest Criterion 4001 for the purposes of cl 485.216(1) of Schedule 2 to the Migration Regulations 1994.

   Sheridan Lee
   Member