1723628 (Migration)

[2018] AATA 5792

1723628 (Migration) [2018] AATA 5792 (12 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1723628

MEMBER:Adrienne Millbank

DATE:12 December 2018

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 500 visa:

·cl.500.217 of Schedule 2 to the Regulations.

Statement made on 12 December 2018 at 3:10pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – medical assessment evidence provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.217

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 378 of the Migration Act 1958 and replaced with generic information.

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 Immigration to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 23 June 2017. The delegate refused to grant the visa on 12 September 2017.

2. The Delegate made the decision on the basis that evidence of a medical assessment was not provided as required to satisfy a criterion, clause 500.217, for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 17 October 2018 the Tribunal received evidence, in the form of a copy of the health case details, that a medical assessment was conducted in Queensland [in] August 2018 [Number]. On 11 December 2018 the applicant further provided the results of a blood test he obtained [in] December 2018.

4. 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.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.217 of Schedule 2 to the Regulations.

   Adrienne Millbank
   Member