Tjhan (Migration)

[2022] AATA 1491

Tjhan (Migration) [2022] AATA 1491 (1 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Suriady Tjhan
Ms Pui Evi
Ms Ellie Sherlycia Tjhan

REPRESENTATIVE:  Ms Jackie Lyon (MARN: 0401336)

CASE NUMBER:  2201970

HOME AFFAIRS REFERENCE(S):          BCC2020/2759544

MEMBER:Scott Clarey

DATE:1 April 2022

PLACE OF DECISION:  Melbourne

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

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

Statement made on 1 April 2022 at 12:13pm

CATCHWORDS

MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – criminal history statements – AFP certificates provided to tribunal – decision made without hearing necessary – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), ss 65, 360(2)(a)

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 GK – Temporary Skill Shortage (Class GK) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 4 December 2020. The delegate refused to grant the visas 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 3 March 2022 the Tribunal received national police certificates issued by the AFP (on 23 February 2022) relating to both Mr Tjhan and Ms Evi. 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 482 visa:

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

   Scott Clarey
   Member