Khadka (Migration)

[2023] AATA 3709

Khadka (Migration) [2023] AATA 3709 (9 October 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Parbat Khadka

REPRESENTATIVE:  Mrs Bijaya Dhakal (MARN: 1792934)

CASE NUMBER:  2314352

HOME AFFAIRS REFERENCE(S):          BCC2023/3997030

MEMBER:Angela Julian-Armitage

DATE:9 October 2023

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

·cl 485.216 of Schedule 2 to the Regulations

Statement made on 09 October 2023 at 11:51am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa– Subclass 485 (Temporary Graduate)) visa – applicant met the health requirements – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 485.216

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 13 July 2023. The delegate refused to grant the visa on 7 September 2023.

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 13 September 2023, the Tribunal received notification from the Applicant advising of the completion of an appointment with a Medical Officer of the Commonwealth. Subsequent internal Tribunal checks revealed that the Applicant met the health requirement. 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:

   ·cl 485.216 of Schedule 2 to the Regulations

   Angela Julian-Armitage
   Member