Vistan (Migration)

[2022] AATA 5210

Vistan (Migration) [2022] AATA 5210 (16 December 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Alfredo Jr Cerna Vistan

REPRESENTATIVE:  Mr Randhir Dhundoo (MARN: 1804979)

CASE NUMBER:  2216225

HOME AFFAIRS REFERENCE(S):          BCC2021/2387193

MEMBER:Sean Baker

DATE:16 December 2022

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:

·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 485.216 of Schedule 2 to the Regulations

Statement made on 16 December 2022 at 11:02am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – character test – statement from an appropriate authority – Australian Federal Police (AFP) National Police Certificate – 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 10 December 2021. The delegate refused to grant the visa on 21 October 2022.

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 22 November 2022 the Tribunal received an Australian Federal Police (AFP) National Police Certificate dated 21 November 2022 in the name of the applicant, stating that there are no disclosable outcomes. 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. I find that the applicant therefore satisfies Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and Regulation 485.216.

5. 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

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

   ·Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 485.216 of Schedule 2 to the Regulations

   Sean Baker
   Member