Barrios Suarez (Migration)

[2024] AATA 303

Barrios Suarez (Migration) [2024] AATA 303 (16 January 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Valentina Barrios Suarez

REPRESENTATIVE:  Mr Shannon Semenikow (MARN: 0701777)

CASE NUMBER:  2318666

HOME AFFAIRS REFERENCE(S):          BCC2023/4165387

MEMBER:Wendy Banfield

DATE:16 January 2024

PLACE OF DECISION:  Canberra

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(4) of Schedule 2 to the Regulations

Statement made on 16 January 2024 at 12:37pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health criteria – medical assessment cleared – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 500.217; Schedule 4, PIC 4005

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 Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 21 July 2023. The delegate refused to grant the visa on 13 November 2023.

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. On 21 December 2023 the Tribunal received notification that the applicant’s health assessment had been cleared. 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 500 visa:

   ·cl 500.217(4) of Schedule 2 to the Regulations

   Wendy Banfield
   Member