TRAKARNJAN (Migration)

[2022] AATA 4032

TRAKARNJAN (Migration) [2022] AATA 4032 (14 November 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Miss Amphaphorn TRAKARNJAN
Mr Conor Martin Thompson

REPRESENTATIVE:  Mr Fabio Nocilla (MARN: 1801443)

CASE NUMBER:  2213703

HOME AFFAIRS REFERENCE(S):          BCC2022/108428

MEMBER:Jessica Henderson

DATE:14 November 2022

PLACE OF DECISION:  Perth

DECISION:The Tribunal remits the applications for reconsideration, with the direction that each of the first and second named applicants meets the following criteria for a Subclass 408 visa:

·Public interest criteria 4001 as prescribed in regulation 2.03AA(2)

Statement made on 14 November 2022 at 11:22am

CATCHWORDS
MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – criminal history statement – Australian national police certificates 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), r 2.03AA(2), Schedule 4, criterion 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 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 1 February 2022. The delegate refused to grant the visas on 12 September 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 18 October 2022 the Tribunal received an Australian Federal Police National Police Certificate dated 8 April 2022 for the first applicant and an Australian Federal Police National Police Certificate dated 4 April 2022 for the second 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 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 each of the first and second named applicants meets the following criteria for a Subclass 408 visa:

   ·Public interest criteria 4001 as prescribed in regulation 2.03AA(2)

   Jessica Henderson
   Member