Niu (Migration)

[2019] AATA 5090

Niu (Migration) [2019] AATA 5090 (21 August 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Jiarui Niu

CASE NUMBER:  1917858

DIBP REFERENCE(S):  BCC2019/1199244

MEMBER:Tim Connellan

DATE:21 August 2019

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 485 visa:

·cl.485.216 of Schedule 2 to the Regulations

Statement made on 21 August 2019 at 12:15pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – character test – statement from an appropriate authority – National Police Certificate – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 Immigration 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 10 March 2019. The delegate refused to grant the visa on 24 June 2019.

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. On 1 August 2019 the Tribunal received National Police Certificate dated 28 June 2019 which certifies there are no disclosable court outcomes recorded against the applicant as at 26 June 2019.

4. 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.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

   ·cl.485.216 of Schedule 2 to the Regulations

   Tim Connellan
   Member