Di (Migration)

[2023] AATA 712

Di (Migration) [2023] AATA 712 (6 March 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Yuanxin Di

REPRESENTATIVE:  Mr Da Wei David Gu (MARN: 1066304)

CASE NUMBER:  2100081

HOME AFFAIRS REFERENCE(S):          BCC2017/2679208

COUNTRY OF REFERENCE:                   China

MEMBER:David Crawshay

DATE:6 March 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Partner (Temporary) (Class UK) visa for reconsideration, with the direction that the applicant meets the following criterion for a Subclass 820 (Spouse) visa:

·PIC 4007 for the purposes of cl.820.223 of Schedule 2 to the Regulations.

Statement made on 06 March 2023 at 10:59am

CATCHWORDS
MIGRATION –Partner (Temporary) (Class UK) visa – Subclass 820 – health criteria in Public Interest Criterion (‘PIC’) 4007 of Schedule 4 to the Regulations was met – decision under review remitted  

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 820.223, Schedule 4

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 on 22 December 2020 to refuse to grant the applicant a Partner (Temporary) (Class UK) visa under s.65 of the Migration Act 1958 (Cth) (the Act). The visa applicant applied for the visa on 27 July 2017. The delegate refused to grant the visa as the applicant did not satisfy cl.820.223 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because the health criteria in Public Interest Criterion (‘PIC’) 4007 of Schedule 4 to the Regulations was not met.

2. Department records show that the applicant was found to have finalised the health requirement on 17 March 2022. Furthermore, the applicant’s representative confirmed in an email dated 28 February 2022 that the applicant was not subject to the requirement to undergo additional medical assessments: para. 2(f) of legislative instrument IMMI 15/144. On this basis, the applicant satisfies PIC 4007.

   DECISION

3. The Tribunal remits the application for a Partner (Temporary) (Class UK) visa for reconsideration, with the direction that the applicant meets the following criterion for a Subclass 820 (Spouse) visa:

   ·PIC 4007 for the purposes of cl.820.223 of Schedule 2 to the Regulations.

   David Crawshay

   
   

   Member