Haroon (Migration)

[2022] AATA 5209

Haroon (Migration) [2022] AATA 5209 (22 December 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Hafiz Muhammad Haroon

REPRESENTATIVE:  Mr Subash Thapa (MARN: 2117639)

CASE NUMBER:  2213984

HOME AFFAIRS REFERENCE(S):          BCC2020/2237714

MEMBER:Sean Baker

DATE:22 December 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 485 visa:

·PIC 4005(1)(aa) for the purposes of cl 485.216 of Schedule 2 to the Regulations

Statement made on 22 December 2022 at 10:42am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – health criteria – medical assessment provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 485.216; 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 Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 3 September 2020. The delegate refused to grant the visa on 1 September 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 9 November 2022 Departmental systems recorded that the applicant’s Health Requirement was finalised as ‘Auto Cleared’. The applicant further indicated on 16 November 2022 that they satisfied IMMI 15/144. 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 485 visa:

   ·PIC 4005(1)(aa) for the purposes of cl 485.216 of Schedule 2 to the Regulations

   Sean Baker
   Member