Van Dooren (Migration)

[2022] AATA 4651

Van Dooren (Migration) [2022] AATA 4651 (3 December 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Roy Van Dooren

REPRESENTATIVE:  Mr Nicholas Peter Prakash Ivanoff (MARN: 1568936)

CASE NUMBER:  2215104

HOME AFFAIRS REFERENCE(S):          BCC2022/15323

MEMBER:Angela Julian-Armitage

DATE:3 December 2022

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 408 visa:

·cl 408.216 of Schedule 2 to the Regulations

Statement made on 03 December 2022 at 3:59pm

CATCHWORDS

MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – criminal history – Australian Federal Police National Police Certificate provided upon review – decision under review remitted           

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 408.216

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 applicant a Temporary Activity (Class GG) visa pursuant to s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 5 February 2022. The delegate refused to grant the visa on 26 September 2022.

2. The decision was made on the basis that evidence of criminal history had not been provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 27 October 2022, the Tribunal received an Australian Federal Police (AFP) National Police Certificate. Therefore, 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 applicant 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 applicant meets the following criteria for a Subclass 408 visa:

   ·cl 408.216 of Schedule 2 to the Regulations

   Angela Julian-Armitage
   Member