Labh Singh (Migration)

[2023] AATA 359

Labh Singh (Migration) [2023] AATA 359 (24 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Labh Singh

REPRESENTATIVE:  Mrs Babban Sethi Lamba (MARN: 1803056)

CASE NUMBER:  2300459

HOME AFFAIRS REFERENCE(S):          BCC2022/4578692

MEMBER:Wendy Banfield

DATE:24 February 2023

PLACE OF DECISION:  Canberra

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

·

cl 600.213 of Schedule 2 to the Regulations

Statement made on 24 February 2023 at 3:47pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – health requirement – Medical Officer of the Commonwealth assessment – cleared medical assessment upon review – decision under review remitted           

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 600.213; Schedule 4, Public Interest Criterion 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 1 November 2022. The delegate refused to grant the visa on 12 January 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 27 January 2023 the Tribunal received notification that the applicant has satisfied the health assessment. 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 600 visa:

   ·cl 600.213 of Schedule 2 to the Regulations

   Wendy Banfield
   Member