Boonchum (Migration)

[2023] AATA 579

Boonchum (Migration) [2023] AATA 579 (24 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Massupa Boonchum

REPRESENTATIVE:  Ms Julie Warisara Tanomvongtai (MARN: 0534449)

CASE NUMBER:  2212600

HOME AFFAIRS REFERENCE(S):          BCC2020/2181118

MEMBER:Joseph Lindsay

DATE:24 February 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

·cl 485.216 of Schedule 2 to the Regulations

Statement made on 24 February 2023 at 6:26pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – health criteria – evidence of medical assessment provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 485.216; 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 Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 27 August 2020. The delegate refused to grant the visa on 15 August 2022.

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 Tribunal has received evidence from Departmental records indicating that the applicant has “Finalised Health Requirement” on 11 November 2022 and with the statement “Auto Cleared.” In light of the new evidence received, the Tribunal is satisfied that the relevant criterion, PIC4005(1)(aa)(i), 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 485 visa:

   ·cl 485.216 of Schedule 2 to the Regulations

   Joseph Lindsay
   Member