YOUNG (Migration)

[2023] AATA 3707

YOUNG (Migration) [2023] AATA 3707 (13 October 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Joshua Ian YOUNG

REPRESENTATIVE:  Mr Gregory Newton (MARN: 1173844)

CASE NUMBER:  2310029

HOME AFFAIRS REFERENCE(S):          BCC2023/2125240

MEMBER:Angela Julian-Armitage

DATE:13 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 13 October 2023 at 11:18am

CATCHWORDS
MIGRATION –Temporary Activity visa – Subclass 408 visa –AFP National Police Clearance provided – police clearance from the UK provided – no record of criminal offences in the name of the applicant– 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 4 April 2023. The delegate refused to grant the visa on 17 June 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 23 September 2023, the Tribunal received a National Police Certificate from the Australian Federal Police, dated 12 May 2023, and a Police Certificate from the United Kingdom, dated 22 August 2023. 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