Pokuri (Migration)

[2019] AATA 310

Pokuri (Migration) [2019] AATA 310 (12 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Gurunadham Pokuri

CASE NUMBER:  1900803

DIBP REFERENCE(S):  BCC2018/3245162

MEMBER:Cathrine Burnett-Wake

DATE:12 February 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:

·Regulation 2.03AA(2).

Statement made on 12 February 2019 at 2:08pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) – Subclass 485 (Temporary Graduate) – character requirements –Complete Disclosure AFP check application –  no criminal record – decision under review remitted for reconsideration 

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), r 2.03AA

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 28 August 2018. The delegate refused to grant the visa on 9 January 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 24 January 2019, the Tribunal received a Complete Disclosure AFP check issued to the applicant on 15 January 2019, indicating he has no criminal record in Australia.

   Conclusion

4. Accordingly, the Tribunal is satisfied that the applicant has now provided a statement from an appropriate authority and therefore meets r.2.03AA(2)(a) and has concluded that the matter should be remitted for reconsideration.

5. There is no evidence that the delegate made a request for the applicant to provide a completed approved Form 80, therefore the requirement in r.2.03AA(2)(b) does not apply.

6. On the basis of the above findings, the Tribunal is satisfied that the applicant meets r.2.03AA(2).

   DECISION

7. The Tribunal remits the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

   ·Regulation 2.03AA(2).

   Cathrine Burnett-Wake
   Member