Gautam (Migration)

[2022] AATA 1897

Gautam (Migration) [2022] AATA 1897 (1 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Bipin Raj Gautam
Mrs Srijana Acharya

CASE NUMBER:  2205487

HOME AFFAIRS REFERENCE(S):          BCC2021/1475088

MEMBER:Mary Sheargold

DATE:1 June 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

·Public Interest Criterion 4005 for the purposes of cl 485.216(1) of Schedule 2 to the Regulations.

Statement made on 01 June 2022 at 8:07pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – health requirement – medical assessment provided upon review – criteria met for the current visa application – decision under review remitted          

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 485.216; Schedule 4, Public Interest 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 applicants Skilled (Provisional) (Class VC) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 27 July 2021. The delegate refused to grant the visas on 24 March 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. On 16 May 2022, the Tribunal received confirmation that both applicants had completed and passed the required medical assessment.  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 first named applicant meets the following criteria for a Subclass 485 visa:

   ·Public Interest Criterion 4005 for the purposes of cl 485.216(1) of Schedule 2 to the Regulations.

   Mary Sheargold
   Member