Vijay Kumar (Migration)

[2023] AATA 3706

Vijay Kumar (Migration) [2023] AATA 3706 (9 October 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Vijay Kumar

REPRESENTATIVE:  Mr Manpreet Singh Mann (MARN: 2117366)

CASE NUMBER:  2310681

HOME AFFAIRS REFERENCE(S):          BCC2023/1444652

MEMBER:Angela Julian-Armitage

DATE:9 October 2023

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 09 October 2023 at 11:34am

CATCHWORDS
MIGRATION –Temporary Activity visa – Subclass 408 visa –AFP National Police Clearance provided – 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 under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 1 March 2023. The delegate refused to grant the visa on 5 July 2023.

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 19 September 2023 the Tribunal received an Australian Federal Police National Police Certificate, dated 25 July 2023. Whilst the certificate reveals a number of summary offences, these are issues that the Department will need to assess against the remaining criteria. 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 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