Fantoni (Migration)

[2023] AATA 1536

Fantoni (Migration) [2023] AATA 1536 (17 March 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Fabio Fantoni

CASE NUMBER:  2211326

HOME AFFAIRS REFERENCE(S):          BCC2020/2131045

MEMBER:David McCulloch

DATE:17 March 2023

PLACE OF DECISION:  Sydney

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 Criteria 4005 for the purpose of cl 500.217 of Schedule 2 to the Regulations

Statement made on 17 March 2023 at 10:17am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health requirement – evidence of medical assessment – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 500.217; 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 Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 20 August 2020. The delegate refused to grant the visa on 14 July 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. Government records show that the applicant finalised the health requirement which was recommended cleared on 14 September 2022. 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 Criteria 4005 for the purpose of cl 500.217 of Schedule 2 to the Regulations

   David McCulloch
   Member