Farooq (Migration)

[2018] AATA 5409

Farooq (Migration) [2018] AATA 5409 (7 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Umad Farooq

CASE NUMBER:  1812432

DIBP REFERENCE(S):  BCC2018/533652

MEMBER:Tim Connellan

DATE:7 November 2018

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 500 visa:

·cl.500.217 of Schedule 2 to the Regulations

Statement made on 07 November 2018 at 11:26am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – medical assessment – evidence received by Tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.217

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 Immigration to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 31 January 2018. The delegate refused to grant the visa on 11 April 2018.

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 (the Regulations).

3. On 23 October 2018 the Tribunal received evidence the applicant had completed the required medical and the results show “Auto Cleared”, current until 16 October 2019.

4. 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.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.217 of Schedule 2 to the Regulations

   Tim Connellan
   Member