Thongnapho (Migration)

[2024] AATA 1636

Thongnapho (Migration) [2024] AATA 1636 (21 April 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Thitiphan Thongnapho
Mr Anantachai Luangrungvilai

REPRESENTATIVE:  Mr Chaofeng Guan

CASE NUMBER:  2401762

HOME AFFAIRS REFERENCE(S):          BCC2023/6788413

MEMBER:Angela Julian-Armitage

DATE:21 April 2024

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 408 visa:

·cl 408.216 of Schedule 2 to the Regulations

·cl 408.311 of Schedule 2 to the Regulations

Statement made on 21 April 2024 at 1:34pm

CATCHWORDS
MIGRATION –Temporary Activity visa – Subclass 408 visa – Tribunal received an Australian Federal Police check for both applicants – decision under review remitted   

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cls 408.216, 408.311

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 applicants Temporary Activity (Class GG) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 23 November 2023. The delegate refused to grant the visas on 1 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. On 11 March 2024 the Tribunal received an Australian Federal Police Check for both applicants dated 9 March 2024. 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 applicants 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 first named applicant meets the following criteria for a Subclass 408 visa:

   ·cl 408.216 of Schedule 2 to the Regulations

   ·cl 408.311 of Schedule 2 to the Regulations

   Angela Julian-Armitage
   Member