Patel (Migration)

[2022] AATA 3719

Patel (Migration) [2022] AATA 3719 (27 October 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Basim Haider Patel

REPRESENTATIVE:  Mr Imran Ali (MARN: 0959879)

CASE NUMBER:  2214426

HOME AFFAIRS REFERENCE(S):          BCC2021/1328

MEMBER:Mary Sheargold

DATE:27 October 2022

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 408 visa:

·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 408.216(1) of Schedule 2 to the Regulations.

Statement made on 27 October 2022 at 5:22pm

CATCHWORDS
MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – criminal history statement – national police certificate provided to tribunal – 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), Schedule 2, cl 408.216(1), Schedule 4, criterion 4001

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 18 January 2021. The delegate refused to grant the visa on 9 September 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 4 October 2022, the Tribunal received a copy of the applicant’s National Police Certificate – Immigration/Citizenship Australia dated 29 September 2022.  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 the following criteria for a Subclass 408 visa:

   ·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 408.216(1) of Schedule 2 to the Regulations.

   Mary Sheargold
   Member