Monic (Migration)

[2023] AATA 1542

Monic (Migration) [2023] AATA 1542 (17 March 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Brigitta Monic

REPRESENTATIVE:  Mrs Irene Gunawan (MARN: 1467990)

CASE NUMBER:  2212088

HOME AFFAIRS REFERENCE(S):          BCC2021/1176717

MEMBER:David McCulloch

DATE:17 March 2023

PLACE OF DECISION:  Sydney

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

·     Public Interest Criteria 4005 for the purpose of cl 500.217 of Schedule 2 to the Regulations

Statement made on 17 March 2023 at 10:20am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health requirement – evidence of medical assessment – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 500.217; Schedule 4, 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 Home Affairs to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 1 June 2021. The delegate refused to grant the visa on 2 August 2022.

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. Government records show that on 10 February 2023 the applicant finalised the health requirement which was recommended 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 500 visa:

   ·Public Interest Criteria 4005 for the purpose of cl.500.217 of Schedule 2 to the Regulations

   David McCulloch
   Member