LIANG (Migration)

[2022] AATA 4634

LIANG (Migration) [2022] AATA 4634 (11 November 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms YA-MEI LIANG

CASE NUMBER:  2211861

HOME AFFAIRS REFERENCE(S):          BCC2022/647202

MEMBER:Wendy Banfield

DATE:11 November 2022

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 417 visa:

·cl 417.221(2)(b) of Schedule 2 to the Regulations

Statement made on 11 November 2022 at 3:16pm

CATCHWORDS

MIGRATION – Working Holiday (Temporary) (Class TZ) visa – Subclass 417 (Working Holiday) – health criterion – cleared medical assessment provided upon review – decision under review remitted   

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 417.221

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 Working Holiday (Temporary) (Class TZ) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 12 March 2022. The delegate refused to grant the visa on 25 July 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 31 August 2022 the Tribunal received information indicating the visa applicant’s medical assessment had been completed and cleared. 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 417 visa:

   ·cl 417.221(2)(b) of Schedule 2 to the Regulations

   Wendy Banfield
   Member