Rynell Abraham Varghese (Migration)

[2021] AATA 4163

Rynell Abraham Varghese (Migration) [2021] AATA 4163 (13 October 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Rynell Abraham Varghese

CASE NUMBER:  2108523

HOME AFFAIRS REFERENCE(S):          BCC2021/1038223

MEMBER:Bridget Cullen

DATE:13 October 2021

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 482 visa:

·PIC 4001 for the purposes of cl.482.217 of Schedule 2 to the Regulations

Statement made on 13 October 2021 at 3.33pm

CATCHWORDS

MIGRATION – Temporary Skill Shortage (Provisional) (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – evidence of criminal history – Australian and Indian Police Certificates – decision under review remitted          

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 482.217; Schedule 4, Public Interest 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 GK – Temporary Skill Shortage (Class GK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 6 May 2021. The delegate refused to grant the visa on 23 June 2021.

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 11 August 2021, and 19 August 2021 the Tribunal received Police Certificates for both India and Australia, which both showed no disclosable outcomes. 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 482 visa:

   ·cl.482.217 of Schedule 2 to the Regulations

   Bridget Cullen
   Member