Virk (Migration)

[2023] AATA 566

Virk (Migration) [2023] AATA 566 (24 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Armanpreet Singh Virk

CASE NUMBER:  2115971

HOME AFFAIRS REFERENCE(S):          BCC2020/2722784

MEMBER:Joseph Lindsay

DATE:24 February 2023

PLACE OF DECISION:  Melbourne

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

·cl 485.216 of Schedule 2 to the Regulations

Statement made on 24 February 2023 at 5:49pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – character test – evidence of criminal history provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), r 2.03AA; 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 Home Affairs to refuse to grant the applicant a Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 27 November 2020. The delegate refused to grant the visa on 5 November 2021.

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. The Tribunal has received evidence from the applicant, specifically his AFP check dated 24 February 2022 indicating there were “no disclosable outcomes” in respect to the applicant. In light of the new evidence received, the Tribunal is satisfied that the criterion is met, in this case subregulation 2.03AA(2)(a). The Tribunal finds that the applicant satisfies the requirements of Regulation 485.216 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 485 visa:

   ·cl 485.216 of Schedule 2 to the Regulations

   Joseph Lindsay
   Member