Mandeep Kaur (Migration)

[2025] ARTA 2116

MANDEEP KAUR (MIGRATION) [2025] ARTA 2116 (16 JULY 2025)

DECISION AND  

REASONS FOR DECISION

Applicants:Mrs Mandeep Kaur
Mr Harjeet Singh

Respondent:  Minister for Immigration and Citizenship

Tribunal Number:  2511144

Tribunal:General Member X Emery

Place:Sydney

Date:  16 July 2025

DECISION:The Tribunal sets aside the decision under review and remits the applications for reconsideration, with the order that the following criteria for a Subclass 500 visa are met:

·Public interest criterion 4005(1)(aa) for the purposes of cl 500.217 of Schedule 2 to the Regulations in respect of the first named applicant; and

·Public interest criterion 4005(1)(aa) for the purposes of cl 500.317 of Schedule 2 to the Regulations in respect of the second named applicant.

Statement made on 16 July 2025 at 10:25am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health criteria – medical assessment details provided upon review – decision under review remitted           

LEGISLATION

Administrative Review Tribunal Act 2024 (Cth), s 106
Migration Act 1958 (Cth), s 65
Migration Regulations 1994, Schedule 2, cls 500.217, 500.311, 500.317; Schedule 4, Public Interest Criterion 4005

STATEMENT OF REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister to refuse to grant the applicants Student (Temporary) (Class TU) visas under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The applicants applied for the visas on 29 June 2024. The delegate refused to grant the visas on 11 March 2025 because there was no evidence the first named applicant had completed the health examination required to satisfy Public Interest Criterion (PIC) 4005. As a result, the first named applicant did not meet PIC 4005 and, consequently, cl 500.217 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). The delegate also found that the second named applicant did not meet cl 500.311 because he was not a member of the family unit of a person who satisfies, or has satisfied, the primary criteria for the grant of a Student visa.

3. On 13 March 2025 the applicants applied for review of the delegate’s decision and provided a copy of the delegate’s decision record with their review application.

4. On 30 June 2025 the Tribunal wrote to the applicants and requested that they undertake health examinations. On 1 July 2025 the applicants’ representative advised the Tribunal that the applicants had completed their health examinations. On 8 July 2025 the Tribunal accessed Departmental records which record both the first named and second named applicants’ health requirements as ‘finalised’ and ‘auto cleared’.

5. In light of the new evidence received, the Tribunal is satisfied that the applicants have now undertaken the required health examinations and that PIC 4005(1)(aa) is met for both of the applicants. The appropriate course is to set the decision aside and remit the visa applications for reconsideration.

6. In reaching its decision the Tribunal did not consider a hearing to be necessary. The issues in the proceeding could be adequately determined without a hearing, and the Tribunal was able to find wholly in favour of the applicants on the basis of the material before it, pursuant to s 106(3) of the Administrative Review Tribunal Act 2024 (Cth).

   DECISION

7. The Tribunal sets aside the decision under review and remits the application for reconsideration, in accordance with the order that the following criteria for a Subclass 500 visa are met:

   ·Public interest criterion 4005(1)(aa) for the purposes of cl 500.217 of Schedule 2 to the Regulations in respect of the first named applicant; and

   ·Public interest criterion 4005(1)(aa) for the purposes of cl 500.317 of Schedule 2 to the Regulations in respect of the second named applicant.

   Representative for the Applicant:  Mr Robin Chohan (MARN: 2014402)