Maji (Migration)

[2020] AATA 3470

Maji (Migration) [2020] AATA 3470 (3 July 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Emmanuel Abbah Maji
Mrs Opeoluwa Ayobami Maji
Master Oluwasemilore Ariela Maji

CASE NUMBER:  1914776

HOME AFFAIRS REFERENCE(S):          BCC2017/3615905

MEMBER:M. Edgoose

DATE:3 July 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.217 of Schedule 2 to the Regulations

·cl.500.311 of Schedule 2 to the Regulations.

Statement made on 03 July 2020 at 8:47am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – medical health assessment – auto-cleared assessment received – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994, Schedule 2, cls 500.217, 500.311

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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 3 October 2017. The delegate refused to grant the visas on 24 May 2019.

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 (the Regulations).

3. On 23 June 2020 the Tribunal received evidence from the Department with the subject heading “Finalised Health Requirement” and that the applicant had been Auto Cleared on 22 June 2020. 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 applicants 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 first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.217 of Schedule 2 to the Regulations

   ·cl.500.311 of Schedule 2 to the Regulations

   M. Edgoose
   Member