Kagendo (Migration)

[2023] AATA 2600

Kagendo (Migration) [2023] AATA 2600 (31 July 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Brenda Kagendo

REPRESENTATIVE:  Mrs Navneet Kaur Walia (MARN: 1802602)

CASE NUMBER:  2308183

HOME AFFAIRS REFERENCE(S):          BCC2023/1862210

MEMBER:David Crawshay

DATE:31 July 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Temporary Activity (Class GG) visa for reconsideration, with the direction that the applicant meets the following criterion for a Subclass 408 (Temporary Activity) visa:

·PIC 4005 for the purposes of cl.408.216 of Schedule 2 to the Regulations.

Statement made on 31 July 2023 at 12:43pm

CATCHWORDS
MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – health criteria – department records show requirement finalised – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 408.216, Schedule 4, 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 on 22 May 2023 to refuse to grant the applicant a Temporary Activity (Class GG) visa under s.65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 21 March 2023. The delegate refused to grant the visa on the basis that the applicant did not satisfy cl.408.216 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). The health criteria in Public Interest Criterion (“PIC”) 4005 of Schedule 4 to the Regulations were not met because the applicant had not undertaken a health examination at the time of the delegate’s decision.

2. Since the delegate’s decision, Department records show that the health requirement was found to have been finalised in respect of the applicant on 6 July 2023. On the basis of this information, the Tribunal accepts that the applicant meets PIC 4005.

   DECISION

3. The Tribunal remits the application for a Temporary Activity (Class GG) visa for reconsideration, with the direction that the applicant meets the following criterion for a Subclass 408 (Temporary Activity) visa:

   ·PIC 4005 for the purposes of cl.408.216 of Schedule 2 to the Regulations.

   David Crawshay
   Member