Kaur (Migration)

[2019] AATA 1679

Kaur (Migration) [2019] AATA 1679 (30 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Navdeep Kaur

CASE NUMBER:  1823648

DIBP REFERENCE(S):  BCC2018/1244178

MEMBER:Tim Connellan

DATE:30 January 2019

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 30 January 2019 at 10:55am

CATCHWORDS
MIGRATION – Student (Temporary)(Class TU) visa – Subclass 500 (Student) – evidence of medical assessment not provided – completed medical assessment – new evidence received – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994, Schedule 2, cl 500.217

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 Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 15 March 2018. The delegate refused to grant the visa on 26 July 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 22 January 2019 the Tribunal received evidence the applicant had completed a medical assessment with BUPA.

4. A subsequent check of ISCE records showed that effective 15 January 2019, the applicant had Finalised Health Requirement and was “Auto Cleared”.

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 500 visa:

   ·cl.500.217 of Schedule 2 to the Regulations

   Tim Connellan
   Member