Rocchi (Migration)

[2019] AATA 192

Rocchi (Migration) [2019] AATA 192 (21 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Sabrina Rocchi
Mr Andrea Sostegni

CASE NUMBER:  1830872

DIBP REFERENCE(S):  BCC2018/2922959

MEMBER:Cathrine Burnett-Wake

DATE:21 January 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

·Public Interest Criteria 4005 for the purposes of cl.485.216 of Schedule 2 to the Regulations.

Statement made on 21 January 2019 at 11:25am

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) – Subclass 485 (Temporary graduate) – medical assessment – health requirements satisfied – decision under review remitted for reconsideration 

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), Schedule 2 cl 485.216 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 applicants Skilled (Provisional) (Class VC) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 3 August 2018. The delegate refused to grant the visas on 4 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).

3. On 6 December 2018, the Tribunal received evidence from the applicant that she had booked a medical assessment to be undertaken with BUPA for herself on 7 January 2019.

4. The Tribunal has checked the Department’s electronic system, which it has access to, and confirmed that the health requirement for each applicant has been met as follows:

   • Ms Sabrina Rocchi- clearance expires 11 January 2020;
   • Mr Andrea Sostegni - medical not required.

5. 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.

6. The Tribunal finds that as the second named applicant applied on the basis of being a family unit member of the first named applicant, his application will now be determined by reference to the outcome of the first named applicant’s application on remittal to the Department for reconsideration.

   DECISION

7. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

   ·Public Interest Criteria 4005 for the purposes of cl.485.216 of Schedule 2 to the Regulations.

   Cathrine Burnett-Wake
   Member