Osias (Migration)

[2024] AATA 712

Osias (Migration) [2024] AATA 712 (22 February 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Daniel Osias

CASE NUMBER:  2304960

HOME AFFAIRS REFERENCE(S):          BCC2022/3444110

MEMBER:Alan McMurran

DATE:22 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 22 February 2024 at 1:25pm

CATCHWORDS
MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – character test – statement from an appropriate authority – AFP certificate – FBI Criminal History check – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), 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 26 August 2022. The delegate refused to grant the visa on 17 March 2023.

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 January 2024, the Tribunal confirmed the applicant had provided and the Tribunal had received an AFP certificate dated 28 August 2023, FBI Criminal History check dated 26 October 2023, and completed Form 80.

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.

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