Liu (Migration)

[2019] AATA 3719

Liu (Migration) [2019] AATA 3719 (17 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Haiping Liu

VISA APPLICANT:  Mr Fucai Liu

CASE NUMBER:  1905274

DIBP REFERENCE(S):  2014/090095

MEMBER:Moira Brophy

DATE:17 June 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for a  Contributory Parent (Migrant) (Class CA) Subclass 143 visa for reconsideration, with the direction that the visa applicant meets the following criteria for a Subclass 143 (Class CA) visa:

·PIC 4005(1)(aa) for the purposes of cl.143.225 of Schedule 2 to the Regulations.

Statement made on 17 June 2019 at 10:20am

CATCHWORDS

MIGRATION – Contributory Parent (Migration) (Class CA) – Subclass 143 (Contributory Parent) – health requirements – medical assessment – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 143.225, Schedule 4 Public Interest Criterion (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 Immigration on 20 February 2019 to refuse to grant the visa applicant a Contributory Parent (Migrant) (Class CA) Subclass 143 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 12 June 2014. The delegate refused to grant the visa on the basis that the applicant did not satisfy cl.143.225 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because the health criteria in Public Interest Criterion (‘PIC’) 4005 of Schedule 4 to the Regulations was not met.

3. The applicant has now provided evidence the necessary medical assessment has been undertaken. The Tribunal has determined that since the relevant documentation has been provided a decision could be made on the papers. 

4. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

5. The issue in this review is whether the visa applicant meets Public Interest Criterion (PIC) 4005 as required by the criteria for the grant of the visa. Public Interest Criterion 4005, as it applies to this case, is extracted in the attachment to this decision. It requires the applicant, in certain circumstances, to undergo medical assessment, and to be free of certain diseases or conditions that may impact on the community. The applicant in this case had not provided evidence that they had undertaken or made arrangements to undertake the assessment required to show they were able to meet the health requirement as outlined in Public Interest Criterion 4005.

6. The Tribunal is satisfied that the Minister requested an assessment to determine if the visa applicant is free of certain diseases or conditions that may impact on the community. On 27 May 2019 evidence was provided that the applicant had completed the relevant medical examination. The Tribunal has had regard to the Department's records and is satisfied that his health requirements are recorded as ‘Auto cleared’ on 25 March 2019. As the applicant has provided the requested documentation, the delegate is now able to assess whether the applicant meets PIC 4005 for the purposes of cl.143.225.

7. The Tribunal considers the appropriate course of action is to remit the application to the Minister to undertake consideration of whether the applicant meets PIC 4005 for the purposes of cl.143.225 and the remaining criteria for the grant of a Subclass 143 visa.

   DECISION

8. The Tribunal remits the application for a Contributory Parent (Migrant)(Class CA) Subclass 143 visa for reconsideration, with the direction that the visa applicant meets the following criteria for a Subclass 143 (Class CA) visa:

   ·PIC 4005(1)(aa) for the purposes of cl.143.225 of Schedule 2 to the Regulations.

   Moira Brophy
   Member