Smith (Migration)

[2024] AATA 2346

Smith (Migration) [2024] AATA 2346 (25 June 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jimmy Alfred Smith

REPRESENTATIVE:  Mr Peter William Martin (MARN: 0853794)

CASE NUMBER:  2405075

HOME AFFAIRS REFERENCE(S):          BCC2023/6597078

MEMBER:Sheridan Aster

DATE:25 June 2024

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets Public Interest Criterion 4001 for the purposes of cl 408.216(1) of Schedule 2 to the Migration Regulations 1994 (Cth).

Statement made on 25 June 2024 at 1:41pm

CATCHWORDS
MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – criminal history statements – Australian and home country certificates provided to tribunal – no convictions recorded – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cl 408.216(1)

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 15 November 2023. The delegate refused to grant the visa on 28 February 2024.

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. The applicant has since provided the Tribunal with a National Police Certificate issued by the Australian Federal Police on 18 April 2024 and a Clearance Certificate issued by the South African Police Service on 20 April 2024. There are no convictions recorded on either report.

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 Public Interest Criterion 4001 for the purposes of cl 408.216(1) of Schedule 2 to the Migration Regulations 1994 (Cth).

   Sheridan Aster
   Member