Clayton (Migration)

[2024] AATA 2517

Clayton (Migration) [2024] AATA 2517 (27 June 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Dylan Lance Clayton

REPRESENTATIVE:  Mr Benjamin Macdonald Magill

CASE NUMBER:  2405577

HOME AFFAIRS REFERENCE(S):          BCC2018/2540639

MEMBER:Justin Meyer

DATE:27 June 2024

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 820 visa:

·PIC 4007(1)(aa) for the purposes of cl.820.223(1)(a) of Schedule 2 to the Regulations.

Statement made on 27 June 2024 at 4:56pm

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – health requirement – evidence of a medical assessment – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 820.223; Schedule 4, PIC 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 applicants Partner (Temporary) (Class UK) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 28 April 2020. The delegate refused to grant the visas on 27 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 5 June 2024 the Tribunal received finalised health requirement confirmations from the department for the applicant. 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 applicants 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 820 visa:

   ·     PIC 4007(1)(aa) for the purposes of cl.820.223(1)(a) of Schedule 2 to the Regulations.

   Justin Meyer
   Member