MAAN (MIGRATION)

[2024] ARTA 134

MAAN (MIGRATION) [2024] ARTA 134 (21 NOVEMBER 2024)

DECISION AND  

REASONS FOR DECISION

Applicant:Miss Gurmeet Kaur Maan

Respondent:  Minister for Home Affairs

Tribunal Number:  2431654

Tribunal:General Member Kylie Allen

Place:Sydney

Date:  21 November 2024

Decision:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

·cl 485.216 of Schedule 2 to the Regulations

Statement made on 21 November 2024 at 3:54pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate)) visa – Tribunal received confirmation that the applicant had completed a medical assessment and been cleared – decision under review remitted

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 485.216

STATEMENT OF 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 Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 16 February 2024. The delegate refused to grant the visa on 20 August 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 2 October 2024 the Tribunal received confirmation that the applicant had completed a medical assessment and been 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 485 visa:

   ·     cl 485.216 of Schedule 2 to the Regulations

   Date(s) of hearing:  N/A

   Representative for the Applicant:           Mr Mohinder Singh (MARN: 2117674)