Yao (Migration)

[2024] AATA 1638

Yao (Migration) [2024] AATA 1638 (24 April 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Yingying Yao
Mr Heung Ingrid Qian
Ms Henley Thaddaeus Qian

CASE NUMBER:  2404142

HOME AFFAIRS REFERENCE(S):          BCC2021/177879

MEMBER:Angela Julian-Armitage

DATE:24 April 2024

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 888 visa:

·cl 888.215 of Schedule 2 to the Regulations; and

·cl 888.311 of Schedule 2 to the Regulations

Statement made on 24 April 2024 at 10:22am

CATCHWORDS
MIGRATION – Business Skills (Permanent) (Class EC) visa – Subclass 888 (Business Innovation and Investment (Permanent)) – evidence of criminal history – Australian Federal Police Check – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cls 888.215, 888.311

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 applicants Business Skills (Permanent) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 29 January 2021. The delegate refused to grant the visas on 23 February 2024.

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 18 March 2024 the Tribunal received an Australian Federal Police Check dated 18 March 2024. 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 applicants 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 first named applicant meets the following criteria for a Subclass 888 visa:

   ·cl 888.215 of Schedule 2 to the Regulations; and

   ·cl 888.311 of Schedule 2 to the Regulations

   Angela Julian-Armitage
   Member