Lam (Migration)

[2018] AATA 1896

Lam (Migration) [2018] AATA 1896 (1 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Ting Ting Lam

CASE NUMBER:  1617385

DIBP REFERENCE(S):  BCC2015/863174

MEMBER:Russell Matheson

DATE:1 May 2018

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 820 visa:

·cl.820.223(1)(a) of Schedule 2 to the Regulations

Statement made on 01 May 2018 at 8:31am

CATCHWORDS
Migration – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner (Temporary)) – Opinion of Medical Officer of the Commonwealth not provided to the Department – Opinion subsequently provided to Tribunal – Decision remitted with direction

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 820.223(1)(a)

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 Partner (Temporary) (Class UK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 12 March 2015. The delegate refused to grant the visa on 6 October 2016.

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 30 April 2018 the Tribunal received information from DIBP that it had received a MOC opinion from Bupa indicating that the applicant meets the health requirements and satisfies the public interest criteria for the grant of the visa. 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

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 820 visa:

   ·cl.820.223(1)(a) of Schedule 2 to the Regulations

   Russell Matheson
   Member