LIU (Migration)

[2024] AATA 2663

LIU (Migration) [2024] AATA 2663 (19 July 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Shuoguo LIU

REPRESENTATIVE:  Mr Cheng JIANG (MARN: 1798698)

CASE NUMBER:  2405697

HOME AFFAIRS REFERENCE(S):          BCC2024/168478

MEMBER:Rachel Da Costa

DATE:19 July 2024

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criterion for a Subclass 500 visa:

·PIC 4005. of Schedule 4 to the Regulations

Statement made on 19 July 2024 at 2:39pm

CATCHWORDS  
MIGRATION – Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – applicant met health requirements – meets the requirement in PIC 4005(1) – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360

Migration Regulations 1994, Schedule 4, PIC 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 Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 15 January 2024. The delegate refused to grant the visa on 12 March 2024.

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 29 May 2024, the Tribunal received written confirmation from the applicant’s representative that the applicant had completed a medical assessment. Departmental records viewed by the Tribunal show that this health requirement has now been met. 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 criterion for a Subclass 500 visa:

   ·PIC 4005 of Schedule 4 to the Regulations

   Rachel Da Costa
   Member