Okamoto (Migration)

[2018] AATA 5080

Okamoto (Migration) [2018] AATA 5080 (6 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Tsuneko Okamoto

CASE NUMBER:  1833840

DIBP REFERENCE(S):  BCC/2018/3326277

MEMBER:Meena Sripathy

DATE:6 December 2018

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 600 visa:

·PIC 4005 for the purposes of cl.600.213 of Schedule 2 to the Regulations

Statement made on 06 December 2018 at 12:29pm

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 – medical assessment provided – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 600.213, 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 Immigration to refuse to grant the applicant a Visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 3 September 2018. The delegate refused to grant the visa on 30 October 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). The delegate appears to have made the decision on 30 October 2018 despite receiving an email from the applicant’s daughter querying problems she was having with the HAP ID in making the medical appointment. The email correspondence is on the Department file, indicating it was received. The applicant subsequently attended the medical examination appointment. Departmental records indicate that the applicant received a health clearance on 7 November 2018.

3. 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

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

   ·PIC 4005 for the purposes of cl.600.213 of Schedule 2 to the Regulations

   Meena Sripathy
   Member