Sundararaju (Migration)

[2022] AATA 1492

Sundararaju (Migration) [2022] AATA 1492 (5 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Deva Sundararaju

REPRESENTATIVE:  Ms Geraldine Pereira

CASE NUMBER:  2202137

HOME AFFAIRS REFERENCE(S):          BCC2021/1264343

MEMBER:Scott Clarey

DATE:5 April 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 482 visa:

·cl 482.217(1) of Schedule 2 to the Regulations

Statement made on 5 April 2022 at 12:11pm

CATCHWORDS

MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – criminal history statement – AFP 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), Schedule 2, cl 482.217(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 GK – Temporary Skill Shortage (Class GK) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 18 June 2021. The delegate refused to grant the visa on 2 February 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 17 February 2022 the Tribunal received a national police certificate issued by the AFP (on 8 February 2022) relating to the applicant. 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(1) of Schedule 2 to the Regulations

   Scott Clarey
   Member