Ooi (Migration)

[2018] AATA 1995

Ooi (Migration) [2018] AATA 1995 (5 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Song Hymn Ooi

VISA APPLICANTS:  Mr Jin Khau Ooi
Ms Beng Lay Song

CASE NUMBER:  1721889

DIBP REFERENCE(S):  OSF2008/063523 PNJ

MEMBER:Russell Matheson

DATE:5 June 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 103 visa:

·cl.103.224 (a) of Schedule 2 to the Regulations

Statement made on 05 June 2018 at 2:10pm

CATCHWORDS
Migration – Parent (Migrant) (Class AX) visa – Subclass 103 (Parent) – Medical Officer of the Commonwealth opinion received – Applicants met the health requirements – Decision under review remitted for reconsideration 

LEGISLATION
Migration Regulations 1994, Schedule 2 cls 103.224

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 applicants Parent (Migrant) (Class AX) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 11 June 2008. The delegate refused to grant the visas on 28 August 2017.

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 18 April 2018 the Tribunal received an opinion from a Medical Officer of the Commonwealth (Form 884) as to whether prescribed heath criteria under the Migration Regulations 1994 are met. 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 first named applicant meets the following criteria for a Subclass 103 visa:

   ·cl.103.224 (a) of Schedule 2 to the Regulations

   Russell Matheson
   Member