Rani (Migration)

[2019] AATA 2609

Rani (Migration) [2019] AATA 2609 (20 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Seema Rani

CASE NUMBER:  1912161

DIBP REFERENCE(S):  BCC2019/1842483

MEMBER:Mary Urquhart

DATE:20 June 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 600 visa:

·cl.600.213 of Schedule 2 to the Regulations

Statement made on 20 June 2019 at 10:40am

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – health requirement – evidence of medical assessment – ‘auto cleared’ – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 600.213; Schedule 4, 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 13 April 2019. The delegate refused to grant the visa on 13 May 2019.

2. The delegate made the decision on the basis that Public Interest Criteria (PIC) 4005 was not met as the applicant had not satisfied health requirements to satisfy the criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 6 June 2019 the Tribunal received information that the applicant now meets the health Requirements. ICSE records indicate the applicant’s health requirements were finalized on 30 May 2019 and that they were “auto cleared”.  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:

   ·cl.600.213 of Schedule 2 to the Regulations

   Mary Urquhart
   Member