Alkhshali (Migration)

[2024] AATA 2910

Alkhshali (Migration) [2024] AATA 2910 (30 July 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Huda Abdulmahdi Abdulrazzaq Alkhshali

VISA APPLICANT:  Miss Zainab Jaafar Ali Alsaad

CASE NUMBER:  2419249

HOME AFFAIRS REFERENCE(S):          CLF2020/20055

MEMBER:Meena Sripathy

DATE:30 July 2024

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 101 visa:

·PIC 4007 for the purposes of cl 101.223 of Schedule 2 to the Regulations

Statement made on 30 July 2024 at 3:33pm

CATCHWORDS
MIGRATION – Child (Migrant) (Class AH) visa – Subclass 101 (Child) – health criteria – medical assessment undertaken – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 101.223; Schedule 4, 4007

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 Child (Migrant) (Class AH) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 15 June 2020. The delegate refused to grant the visa on 17 April 2024.

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

3. The sponsor applied for review of the decision to the Administrative Appeals Tribunal on 24 June 2024.

4. On 16 July 2024 the Tribunal wrote to the review applicant to invite the visa applicant to undertake a health examination and provide written confirmation to the Tribunal of having done so.

5. On 23 July 2024 the Tribunal received an email from the review applicant confirming the visa applicant had undertaken a health examination as requested.

6. On 26 July 2024 the Tribunal obtained information from Department records indicating that the visa applicant has finalised and meets health requirements.   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.

7. 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

8. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 101 visa:

   ·PIC 4007 for the purposes of cl 101.223 of Schedule 2 to the Regulations

   Meena Sripathy
   Member