Truong (Migration)

[2024] AATA 720

Truong (Migration) [2024] AATA 720 (22 February 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Sy Mien Truong
Mrs Thi Hong Nhung Nguyen

REPRESENTATIVE:  Mrs Thi Ngoc Anh Nguyen (MARN: 1791946)

CASE NUMBER:  2319395

HOME AFFAIRS REFERENCE(S):          BCC2023/4792428

MEMBER:Alan McMurran

DATE:22 February 2024

PLACE OF DECISION:  Sydney

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

The Tribunal does not have jurisdiction in respect   of the second-named applicant.

Statement made on 22 February 2024 at 5:37pm

CATCHWORDS
MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – character test – statement from an appropriate authority – National Police Certificate with AFP Police Check – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 408.216

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application lodged 28 November 2023 for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant a Temporary Activity (Class GG) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The application for the visa was made on 22 August 2023. The delegate refused to grant the visa on 17 November 2023.

2. The delegate made the decision on the basis that evidence of criminal history of the review applicant 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 24 December 2023 the Tribunal received a copy of the applicant’s National Police Certificate with AFP Police Check dated 11 December 2023. In light of the new evidence received, the Tribunal is satisfied that the criterion is met by the review applicant 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 applicant on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   Second-named applicant

5. In relation to the second-named applicant, Mrs Thi Hong Nhung Nguyen, information from the Department decision shows she has not been included on the decision record. As no decision has been made in respect of this applicant, the Tribunal has no jurisdiction to review her application.

   DECISION

6. 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

   The Tribunal does not have jurisdiction in respect of the second-named applicant.

   Alan McMurran
   Member