Rodhe (Migration)

[2022] AATA 2089

Rodhe (Migration) [2022] AATA 2089 (10 May 2022)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  Miss Shagun Rodhe

CASE NUMBER:  2114387

HOME AFFAIRS REFERENCE(S):           BCC2021/181716

MEMBER:  Antonio Dronjic

DATE AND TIME OF

ORAL DECISION AND REASONS:          10 May 2022 at 11:38 am (VIC time)

DATE OF WRITTEN RECORD:                22 June 2022

PLACE OF DECISION:  Melbourne

DECISION:  The Tribunal affirms the decision under review.

Statement made on 22 June 2022 at 1:28pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – criminal history – Australian Federal Police Immigration/Citizenship Certificate not provided with application – decision under review affirmed          

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 485.213

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 28 September 2021 to refuse to grant the visa applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (Cth) (the Act).

1. At the hearing on10 May 2022 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

STATEMENT OF DECISION AND REASONS

1. Based on the evidence before me, including your oral evidence given today, I am not satisfied that, when the application was made, it was accompanied by evidence that you applied for an Australian Federal Police check during the 12 months immediately before the day the application is made. For that reason, I find that you do not meet the requirements of cl.485.213.

DECISION

1. The Tribunal affirms the decision under review.

Antonio Dronjic Member

Case Number 2114387  Page 2 of 2