Laurenson (Migration)

[2019] AATA 5071

Laurenson (Migration) [2019] AATA 5071 (1 August 2019)

WRITTEN STATEMENT OF DECISION

DIVISION:  Migration & Refugee Division

APPLICANT:Mr William Andrew Laurenson

CASE NUMBER:1905436

DIBP REFERENCE(S):CLF2017/12103

MEMBER:Nicholas McGowan

DECISION:  Meets (PIC) 4005(1)(aa)(i) and (ii).

CATCHWORDS

MIGRATION – Other Family (Residence) (Class BU) visa – Subclass 835 (Remaining Relative) – health requirement – Health Assessment provided after review application – decision under review remitted     

LEGISLATION

Migration Act 1958, s 368
Migration Regulations 1994, Schedule 2, cls 835.223; Schedule 4 Public interest Criteria 4005

1. This statement fulfils this tribunal’s obligations under the Migration Act: s.368. This statement sets out this tribunals’ decision (above); the reasons for it; and findings on material matters (below).

2. The applicant applied for an Other Family (Residence) (Class BU) Remaining Relative Subclass 835 visa on 27 January 2017.

3. On 5 March 2019 a delegate for the immigration minister refused that application on the basis that the applicant had not had their ‘Health Assessment’ completed by a Medical Officer of the Commonwealth and therefore did not meet the health requirement for the grant of the visa.

4. On 7 March 2019 the applicant appealed that refusal decision to this tribunal.

   FINDING/S:

5. This tribunal has now received advice from the department of immigration that the applicant has undertaken the ‘Health Assessment’ and the outcome is ‘Auto Cleared’ (folio 10 of this tribunal’s file).

6. Given the above, and based on the opinion of the MOC, the applicant satisfies PIC 4005(1)(aa(i) and (iii) for the purposes of clause 835.223 of the Act. Therefore the appropriate course is to remit the visa application to the Minister for further consideration.

   Statement made in Melbourne on 01 August 2019 at 7:16am