Chen (Migration)

[2024] AATA 665

Chen (Migration) [2024] AATA 665 (20 March 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Tingjian Chen

CASE NUMBER:  2402205

HOME AFFAIRS REFERENCE(S):          BCC2023/6586188

MEMBER:Wendy Banfield

DATE:20 March 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:

·Public Interest Criterion 4005 for the purposes of cl 500.217 of Schedule 2 to the Regulations

Statement made on 20 March 2024 at 3:18pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health criteria – medical assessment finalised and cleared – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cl 500.217, Schedule 4, criterion 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 15 November 2023. The delegate refused to grant the visa on 6 February 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 23 February 2024 the Tribunal received information indicating the applicant’s health assessment has been finalised and 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:

   ·Public Interest Criterion 4005 for the purposes of cl 500.217 of Schedule 2 to the Regulations 

   Wendy Banfield
   Member