Vasantharajan (Migration)

[2019] AATA 306

Vasantharajan (Migration) [2019] AATA 306 (11 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Shriya Vasantharajan

CASE NUMBER:  1900928

DIBP REFERENCE(S):  BCC2018/3518881

MEMBER:Katie Malyon

DATE:11 February 2019

PLACE OF DECISION:  Sydney

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

·Public Interest Criterion 4001 in cl.485.216(1) of Schedule 2 to the Regulations

Statement made on 11 February 2019 at 2:28 pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) – Subclass 485 (Temporary Graduate) – character requirements – AFP certificate – no criminal record – decision under review set aside

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), Schedule 2 cl 485.216 Schedule 4 PIC 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, Indian national Miss Shriya Vasantharajan, a Skilled (Provisional) (Class VC) Subclass 485 visa under s.65 of the Migration Act 1958 (the Act).  

2. Miss Vasantharajan applied for the visa on 16 September 2018.  The delegate refused to grant the visa on 8 January 2019.

3. The delegate made the decision to refuse the visa application on the basis that Miss Vasantharajan did not provide an Australia Federal Police (AFP) Certificate as required to satisfy a criterion for grant of the visa under the Migration Regulations 1994 (the Regulations).

4. On 15 January 2019, the Tribunal received from Miss Vasantharajan an AFP Certificate dated 9 January 2019 issued in respect of her.  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

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

   ·Public Interest Criterion 4001 in cl.485.216(1) of Schedule 2 to the Regulations

   Katie Malyon

   
   Member