PULMA (Migration)

[2022] AATA 285

PULMA (Migration) [2022] AATA 285 (9 February 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Master Paul Aeron Calbadores PULMA

REPRESENTATIVE:  Mr Westly Russell (MARN: 0316072)

CASE NUMBER:  2005590

HOME AFFAIRS REFERENCE(S):          CLF2019/6927

MEMBER:Steven Griffiths

DATE:9 February 2022

PLACE OF DECISION:  Adelaide

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(a) of Schedule 2 to the Regulations.

Statement made on 09 February 2022 at 12:40pm

CATCHWORDS
MIGRATION – Child (Residence) (Class BT) visa – Subclass 802 (Child) – medical assessment – report of authorised examination provided to tribunal – decision made without hearing necessary – decision under review remitted

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

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 (Cth) (the Act). The applicant applied for the visa on 11 February 2019. The delegate refused to grant the visa on 9 March 2020.

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 (Cth) (the Regulations).

3. On 12 May 2020 the Tribunal was advised the visa applicant had an appointment on 23 May 2021 with BUPA Medical Visa Services.

4. On 23 May 2020 the Tribunal received details of a receipt for the consultation with BUPA Medical Visa Services.

5. The Tribunal notes that the result of the health check was not provided to the Department or Tribunal, with any results have expired and the applicant advised it was necessary to undertake another health assessment.

6. On 28 January 2022 the Tribunal was advised the visa applicant had an appointment on 30 January 2022 with BUPA Medical Visa Services.

7. The Tribunal notes Departmental records on this case indicate that on 3 February 2022 the Department received the report for the visa applicant from BUPA Medical Visa Services, with the required medical examination indicating the applicant was recommended as cleared.

8. 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.

9. 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

10. 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(a) of Schedule 2 to the Regulations

    Steven Griffiths
    Member