Kharunram (Migration)

[2022] AATA 1761

Kharunram (Migration) [2022] AATA 1761 (12 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Chaleerat Kharunram

REPRESENTATIVE:  Mr Rajesh Satija (MARN: 0318301)

CASE NUMBER:  2201095

HOME AFFAIRS REFERENCE(S):         BCC2020/68474

MEMBER:Alan McMurran

DATE:12 April 2022

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 600 visa:

·PIC 4005(1) of cl 600.213(1) of Schedule 2 to the Regulations

Statement made on 12 April 2022 at 10:25am

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – health criteria – evidence of medical assessment – ‘recommend cleared’ – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 600.213; 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 Home Affairs to refuse to grant the applicant a Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 7 January 2021. The delegate refused to grant the visa on 11 January 2022.

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).

   Consideration

3. The issue in this case is whether the applicant meets the Public Interest Criterion (PIC) 4005(1) of Schedule 4 to the Regulations.

4. Cl. 600.213(1) of Schedule 2 to the Regulations specifies that the applicant must meet specified PIC criteria as set out in Schedule 4 to the Regulations , which includes the health criterion, PIC 4005.

5. On 16 August 2021 and 22 November 2021, the Department wrote to the applicant concerning the applicant’s medical examinations and asked for evidence of the applicant’s required medical examinations to be provided. The applicant did not provide the evidence.

6. On 31 January 2022, the Tribunal received confirmation of information from the Department file that the applicant was now ‘recommend cleared’ for the required health information as at that date.

   Conclusion

7. In light of the new information received from the Department, the Tribunal is satisfied that the criterion in PIC 4005 (1) is met and has concluded that the matter should be remitted for reconsideration by the Department as to any remaining visa requirements.

8. 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

9. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

   ·PIC 4005(1) of cl 600.213(1) of Schedule 2 to the Regulations

   Alan McMurran
   Member