Gurung (Migration)

[2022] AATA 1753

Gurung (Migration) [2022] AATA 1753 (11 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Lisa Gurung

REPRESENTATIVE:  Mr Bijaya Gurung (MARN: 1805361)

CASE NUMBER:  2202847

HOME AFFAIRS REFERENCE(S):         BCC2020/2786587

MEMBER:Tim Connellan

DATE:11 April 2022

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 11 April 2022 at 1:39pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health criteria – evidence of a 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 9 December 2020. The delegate refused to grant the visa on 16 February 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 March 2022 the Tribunal received advice from the department that the applicant had completed her medicals and met the requirements for a 5 year stay in Australia.

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.

5. 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

6. 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