Nalla (Migration)

[2019] AATA 104

Nalla (Migration) [2019] AATA 104 (22 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Abhishek Nalla

CASE NUMBER:  1834767

DIBP REFERENCE(S):  BCC2018/3170918

MEMBER:Tim Connellan

DATE:22 January 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 500 visa:

·cl.500.217 of Schedule 2 to the Regulations

Statement made on 22 January 2019 at 11:16am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – health clearance – medical assessment provided – decision under review remitted for reconsideration 

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), Schedule 2 cl 500.217

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 Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 22 August 2018. The delegate refused to grant the visa on 7 November 2018.

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 2 January 2019 an investigation of ICSE indicated the applicant had now received a health clearance.

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 500 visa:

   ·cl.500.217 of Schedule 2 to the Regulations

   Tim Connellan
   Member