Walsh (Migration)

[2022] AATA 4669

Walsh (Migration) [2022] AATA 4669 (5 December 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Brian Ciaran Walsh

REPRESENTATIVE:  Mr Adeel Khan

CASE NUMBER:  2213998

HOME AFFAIRS REFERENCE(S):          BCC2021/2410702

MEMBER:Andrew McLean Williams

DATE:5 December 2022

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for a Temporary Activity (Class GG) visa for reconsideration, with the direction that the Applicant meets the following criteria for a Subclass 408 visa:

·Regulation 2.03AA(2)

Statement made on 05 December 2022 at 11:36am

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, s 65
Migration Regulations 1994, Schedule 2, cl 408.216; Schedule 4, Public Interest Criterion 4001; r 2.03AA

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’).

2. The Applicant applied for the visa on 14 December 2021. The criteria for a Temporary Activity (Class GG) visa are set out in Schedule 2 to the Migration Regulations 1994 (Cth) (‘the Regulations’). Additional criteria are prescribed in Division 2.1 of Part 2 of the Regulations.

3. Regulation 2.03AA of the Regulations applies where a person is required to satisfy Public Interest Criterion (PIC) 4001 or 4002: reg 2.03AA(1).

4. Regulation 2.03AA(2)(a) requires that, if requested, the Applicant has provided a statement from a relevant authority in a country where the person resides or has resided that provides evidence about whether or not the person has a criminal history.

5. The Delegate refused to grant the visa on 9 September 2022 on the basis that the Applicant did not meet reg 2.03AA because the Applicant had not provided a National Police Certificate from the Australian Federal Police, as requested.

6. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   consideration of claims and evidence

7. The issue in this case is whether the Applicant has provided a statement by an appropriate authority that provides evidence about whether or not the person has a criminal history.

   Has the applicant provided a statement from an appropriate authority?

8. The Applicant has provided a National Police Certificate from the Australian Federal Police that is dated 3 November 2022.  The certificate reveals that there are no disclosable court outcomes in the name of the Applicant.

   Conclusion

9. On the basis of the above findings, the applicant meets reg 2.03AA(2).

   decision

10. The Tribunal remits the application for a Temporary Activity (Class GG) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 408 visa:

    ·Regulation 2.03AA(2).

    Andrew McLean Williams
    Member