Hui (Migration)

[2018] AATA 4553

Hui (Migration) [2018] AATA 4553 (10 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Pang Hui

VISA APPLICANT:  Mrs Wai Lam Lun

CASE NUMBER:  1800952

DIBP REFERENCE(S):  OSF2008/063941

MEMBER:Helena Claringbold

DATE:10 September 2018

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 103 visa:

·Public Interest Criterion 4005 for the purposes of cl.103.224 of Schedule 2 to the Regulations.

Statement made on 10 September 2018 at 1:18pm

CATCHWORDS
MIGRATION – Parent (Migrant) (Class AX) – Subclass 103 (Parent) – Health requirements – Medical Officer of the Commonwealth opinion received – decision under review remitted for reconsideration

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 103.223 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 Immigration to refuse to grant the applicant a Parent (Migrant) (Class AX) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 24 June 2008. The delegate refused to grant the visa on 7 November 2017.

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 4 May 2017, a delegate of the Minister for Immigration and Border Protection refused the visa application because Mrs Wai Lam Lun, the primary visa applicant did not satisfy Public Interest Criteria (PIC) 4005. 

4. On 23 August 2018, the Tribunal received a BUPA Opinion of a Review Medical Officer of the Commonwealth (MOC) dated 23 August 2018.  The MOC informs the Tribunal that Mrs Wai Lam Lun, the primary visa applicant, meets Public Interest Criteria 4005 health requirement.

5. 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

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 103 visa:

   ·Public Interest Criterion 4005 for the purposes of cl.103.224 of Schedule 2 to the Regulations

   Helena Claringbold

   
   

   Member