Tom (Migration)

[2019] AATA 2301

Tom (Migration) [2019] AATA 2301 (6 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Hoi Ching Christa Tom

CASE NUMBER:  1904412

DIBP REFERENCE(S):  BCC2018/5343391

MEMBER:Mary Sheargold

DATE:6 June 2019

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 485 visa:

·Regulation 2.03AA(2).

Statement made on 06 June 2019 at 12:34pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) – Subclass 485 (Temporary graduate) – evidence of criminal history – complete disclosure check – criterion met – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 2.03AA(2)

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 Immigration to refuse to grant the applicant a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 29 November 2018. The delegate refused to grant the visa on 21 February 2019.

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 7 May 2019 the Tribunal received a Complete Disclosure AFP check issued to the applicant on 28 February 2019, indicating that she has no criminal record in Australia.

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. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

   ·Regulation 2.03AA(2).

   Mary Sheargold
   Member