PUNIA (Migration)

[2025] ARTA 2126

PUNIA (Migration) [2025] ARTA 2126 (17 July 2025)

Applicant:Mr DEEPAK PUNIA

Respondent:  Minister for Immigration and Citizenship

Tribunal Number:  2526684

Tribunal:General Member T Barty

Place:Melbourne

Date:  17 July 2025

DECISION:The Tribunal sets aside the decision under review and remits the application for reconsideration, in accordance with the order that the applicant meets the following criteria for a Student (Subclass 500) visa:

·Public Interest Criterion 4005(1)(aa) for the purposes of cl 500.217(4) of Schedule 2 to the Migration Regulations 1994.

Statement made on 17 July 2025 at 11:54am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health criteria – completed medical examination upon review – decision under review remitted

LEGISLATION

Administrative Review Tribunal Act 2024 (Cth), s 106
Migration Act 1958 (Cth)
Migration Regulations 1994, Schedule 2, cl 500.217; Schedule 4, Public Interest Criterion 4005

STATEMENT OF REASONS

APPLICATION FOR REVIEW AND CONSIDERATION

1. This is an application for review of a decision made by a delegate of the Minister to refuse to grant the applicant a Student (Temporary) (Class TU) visa. The applicant applied for the visa on 29 September 2024.

2. On 29 April 2025 the delegate made the decision to refuse to grant the visa on the basis that the applicant did not meet the Public Interest Criterion (PIC) 4005 in Schedule 4 of the Migration Regulations 1994 (Cth) (the Regulations).

3. PIC 4005(1)(aa) says that certain visa applicants must undertake medical assessments and be assessed by a specified person, unless a Commonwealth Medical Officer decides otherwise. The delegate explained that when the applicant lodged their visa application they were notified that they must undertake health examinations within 28 days.

4. The applicant lodged his application for review of the delegate’s decision with this Tribunal on 23 May 2025. 

5. On 2 July 2025 the Tribunal received information from the Department of Home Affairs that the applicant had completed his medical examination and had finalised the health requirement. In light of the new evidence received, the Tribunal is satisfied that the applicant meets PIC 4005(1)(aa), and the appropriate course is to set the decision aside and remit the visa application for reconsideration.

6. In making its decision the Tribunal did not consider a hearing to be necessary. The Tribunal was able to find wholly in favour of the applicant and the issues could be adequately determined in the absence of the parties: s 106(3) of the Administrative Review Tribunal Act 2024 (Cth).

   DECISION

7. The Tribunal sets aside the decision under review and remits the application for reconsideration, in accordance with the order that the applicant meets the following criteria for a Student (Subclass 500) visa:

   ·Public Interest Criterion 4005(1)(aa) for the purposes of cl 500.217(4) of Schedule 2 to the Migration Regulations 1994.

   Representative for the Applicant:      Mr HARSHIT RAJSEHKUMAR TAILOR (MARN: 2117239)