Kim (Migration)

[2020] AATA 4346

Kim (Migration) [2020] AATA 4346 (15 October 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Hayan Kim

CASE NUMBER:  2004400

HOME AFFAIRS REFERENCE(S):          BCC2019/5596112

MEMBER:David Barker

DATE:15 October 2020

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 500 visa:

·PIC 4005(1)(aa) for the purposes of cl.500.217 of Schedule 2 to the Regulations.

Statement made on 15 October 2020 at 1:49pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – health requirements – evidence of required medical assessment provided to tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cl 500.217, Schedule 4, criterion 4005(1)(aa)

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 Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 6 November 2019. The delegate refused to grant the visa on 17 February 2020.

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 9 July 2020 the Tribunal received a copy of a receipt from Bupa Medical visa Services indicating the applicant was charged for a Medical Examination and Chest X-Ray on 8 July 2020. A review of Departmental records shows the applicant has complied with the requested medical assessment and is recorded as having finalised this health requirement on 14 September 2020. 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 500 visa:

   ·PIC 4005(1)(aa) for the purposes of cl.500.217 of Schedule 2 to the Regulations.

   David Barker
   Member