Moyo (Migration)

[2021] AATA 658

Moyo (Migration) [2021] AATA 658 (10 March 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Master Ayanda Christian Moyo

CASE NUMBER:  2101291

HOME AFFAIRS REFERENCE(S):          CLF2019/65680

MEMBER:M. Edgoose

DATE:10 March 2021

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 802 visa:

·cl.802.223 of Schedule 2 to the Regulations

Statement made on 10 March 2021 at 10:31am

CATCHWORDS
MIGRATION – Child (Residence) (Class BT) – Subclass 802 (Child) – medical assessment – evidence of assessment received by tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cl 802.223

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 Child (Residence) (Class BT) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 8 November 2019. The delegate refused to grant the visa on 15 January 2021.

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 9 February 2021 the Tribunal received evidence from the Department with the subject heading “Finalised Health Requirement” and that the applicant had been Auto Cleared on 5 February 2021. 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 802 visa:

   ·cl.802.223 of Schedule 2 to the Regulations

   M. Edgoose
   Member