Tomayao Jr (Migration)

[2019] AATA 4657

Tomayao Jr (Migration) [2019] AATA 4657 (16 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Ricardo Tomayao Jr

CASE NUMBER:  1835986

DIBP REFERENCE(S):  BCC2017/4014590

MEMBER:Sheridan Lee

DATE:16 September 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 457 visa:

·Public Interest Criteria 4001 for the purposes of cl.457.224(1) of Schedule 2 to the Regulations.

Statement made on 16 September 2019 at 10:51am

CATCHWORDS

MIGRATION – Temporary Business Entry (Class UC) – Subclass 457 (Temporary Work (Skilled)) – criminal history check – evidence provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 457.224(1), Public Interest Criteria 4001

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 Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 30 October 2017. The delegate refused to grant the visa on 22 November 2018.

2. The delegate made the decision on the basis that evidence of criminal history from Australia and Ghana was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The Tribunal has before it a criminal check, issued by the Ghana Police on 3 December 2018, reporting that the applicant does not appear in the criminal records of the Ghana Police Service. The Tribunal also has a national police certificate, issued by the Australian Federal Police on 28 August 2019, certifying that the applicant has no disclosable court outcomes recorded against his name. 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.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

   ·Public Interest Criteria 4001 for the purposes of cl.457.224(1) of Schedule 2 to the Regulations.

   Sheridan Lee
   Member