Chandra (Migration)

[2024] AATA 958

Chandra (Migration) [2024] AATA 958 (21 April 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Veriany Irene Chandra

REPRESENTATIVE:  Mr Andreas Martano (MARN: 0317320)

CASE NUMBER:  2400726

HOME AFFAIRS REFERENCE(S):          BCC2023/6897587

MEMBER:Angela Julian-Armitage

DATE:21 April 2024

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 485 visa:

·cl 485.313 of Schedule 2 to the Regulations

Statement made on 21 April 2024 at 12:52pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – health requirement – medical assessment provided upon review – decision under review remitted         

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 485.313

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 28 November 2023. The delegate refused to grant the visa on 11 January 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. On 8 April 2024, the Tribunal received information that you meet the Health Requirement. 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 485 visa:

   ·cl 485.313 of Schedule 2 to the Regulations

   Angela Julian-Armitage
   Member