Lonzaga (Migration)

[2024] AATA 1027

Lonzaga (Migration) [2024] AATA 1027 (22 April 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Mariel Capuyan Lonzaga

REPRESENTATIVE:  Mr Ernie Hu

CASE NUMBER:  2303626

HOME AFFAIRS REFERENCE(S):          BCC2022/3009706

MEMBER:Mark O'Loughlin

DATE:22 April 2024

PLACE OF DECISION:  Adelaide

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

·cl 600.213 of Schedule 2 to the Regulations

Statement made on 22 April 2024 at 4:54pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – health requirement – Medical Officer of the Commonwealth assessment – details of medical assessment provided upon review – decision under review remitted          

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 600.213

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 Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 2 August 2022. The delegate refused to grant the visa on 1 March 2023.

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. The applicant appeared before the Tribunal on 5 March 2024 to give evidence and present arguments.

4. As a result of evidence presented at the hearing, the Tribunal made enquiries and, on 19 April 2024 received a form 884 Opinion of a Medical Officer of the Commonwealth stating that the applicant meets the health requirement. 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.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

   ·cl 600.213 of Schedule 2 to the Regulations

   Mark O'Loughlin
   Member