Li (Migration)

[2022] AATA 3876

Li (Migration) [2022] AATA 3876 (19 October 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Zhipeng Li

CASE NUMBER:  2212965

HOME AFFAIRS REFERENCE(S):          BCC2021/1324015

MEMBER:Sean Baker

DATE:19 October 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 408 visa:

·PIC 4005(1)(aa) for the purposes of cl 408.216 of Schedule 2 to the Regulations

Statement made on 19 October 2022 at 11:56am

CATCHWORDS

MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – health requirements – Medical Officer of the Commonwealth assessment – applicant auto cleared for the medical assessment – decision under review remitted          

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 408.216; 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 Temporary Activity (Class GG) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 28 June 2021. The delegate refused to grant the visa on 15 August 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).

3. On 6 September 2022 the Tribunal received information that the applicant had undertaken a medical assessment. Departmental systems indicate that the applicant was ‘auto cleared’ for their medical assessment. The applicant further indicated on 4 October 2022 that they satisfied IMMI 15/144 . 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 408 visa:

   ·PIC 4005(1)(aa) for the purposes of cl 408.216 of Schedule 2 to the Regulations

   Sean Baker
   Member