Kaur (Migration)

[2019] AATA 4769

Kaur (Migration) [2019] AATA 4769 (28 August 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Sukhdeep Kaur
Mr Hardeep Singh

CASE NUMBER:  1900057

DIBP REFERENCE(S):  BCC2017/3024758

MEMBER:Wendy Banfield

DATE:28 August 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.217 of Schedule 2 to the Regulations

The secondary applicant meets the following criteria for a Subclass 500 visa:

·cl.500.311 of Schedule 2 to the Regulations

Statement made on 28 August 2019 at 1:05pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – medical assessment not provided – evidence provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cls 500.217, 500.311

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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 22 August 2017. The delegate refused to grant the visas on 20 December 2018.

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 28 August 2019 the Tribunal received evidence from the Department that the applicant’s health requirement had been finalised and was “recommended cleared”. The secondary applicant has also been “recommended cleared”. 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

4. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.217 of Schedule 2 to the Regulations

   The secondary applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.311 of Schedule 2 to the Regulations

   Wendy Banfield
   Member