Nair (Migration)

[2019] AATA 3494

Nair (Migration) [2019] AATA 3494 (14 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Sandhya Nair

CASE NUMBER:  1911904

DIBP REFERENCE(S):  BCC2018/1979141

MEMBER:Mary Sheargold

DATE:14 June 2019

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 189 visa:

·Public Interest Criterion 4007 for the purposes of cl.189.234 of Schedule 2 to the Regulations

Statement made on 14 June 2019 at 8:46am

CATCHWORDS

MIGRATION – Skilled Independent (Permanent) – Subclass 189 Skilled Independent – medical assessment – evidence provided upon review – decision under review remitted 

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 189.234, Public Interest Criterion (PIC) 4007

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 Immigration to refuse to grant the applicant a Skilled Independent (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 7 May 2018. The delegate refused to grant the visa on 30 April 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 29 May 2019 the Tribunal received evidence from the applicant that she had booked and undertaken a medical assessment with BUPA.  The Tribunal has reviewed the Department’s electronic system, which it has access to, and confirmed that the health requirement for the applicant was met with a clearance expiring on 28 May 2020.

4. 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.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 189 visa:

   ·Public Interest Criterion 4007 for the purposes of cl.189.234 of Schedule 2 to the Regulations

   Mary Sheargold
   Member